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Applying for i-140 when H1B Transfer is under Process

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  • Applying for i-140 when H1B Transfer is under Process

    Applying for i-140 when H1B Transfer is under Process / case status is pending
    Its a little tricky situation That I'm into appreciate if you can please go through entire info :

    In 2008 I was on H1B ( approved) with company A who applied for my Labor under PERM in EB2 category. My PD is Jan-05-2008. The PERM went into Audit.

    In Mid 2009 I Transfered my H1B to company B & H1B is also approved. In March 2010 I got to know that My PERM labor was approved & because of my good relationship with company A they agreed to file for i-140. In the mean time Company B started giving trouble with my Job. on July -23-2010 I left the job at that time MyI-140 was on preparation stage & yet not filed. Also Company B may have revoked my H1B application in July last week of 2010 i.e, after 23of July -2010.

    In july ending 2010( last week) I have joined company C & in Aug 2010 1st my H1B transfer was initaitedd & by Aug-09-2010 I got my EAC number. the
    H1B transfer is filed in Premium process. As per my H1B Attorney my H1B status is safe.

    I-140 needs to be filed before Aug-21-2010 as it expires 6 months on that date. as per premium process I would get H1B case status know on Aug-25-2010

    Questions :
    1) in I-140 Application that was prepared in July 1st week of 2010 I have mentioned my current job as company B. i.e., date started as july-2009 to present.
    a) is that correct ?
    b) should i mention as company C ?i.e, July ending -2010 to present & then Company B employment duration would be changed to july-2009 to july-23-2010
    c) If company C is mentioned will I-140 process / approval have any effect ?
    d) can I-140 be applied when H1B is transfer is under process.i.e, where actual case status is not approved.

    This is very important appreciate if any of you can please help me with , so that I can take correct steps.

    Thank you
    Smile.
    Last edited by smile03036; 08-13-2010, 11:34 AM.

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