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H1 Transfer while i-140 in procress (not approved)

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  • H1 Transfer while i-140 in procress (not approved)

    I am in the 4th year of H1B (got first extension) valid till 2013 , possibly can claim one more year so till 2014. I have my PERM (Labor) approved and filed I-140 in Jan 2011 and in process (Not approved yet). All this is done by Company A (small consultancy firm).

    Now Company B (Large company) is interested in my H1 transfer.Willing to process my GC fresh. I want to go with them. Dilemma is i am in the middle of I-140 approval with company A. I am hoping to salvage the current I-140 process to retain priority date and port it to company B later.

    If i go for H1 transfer with company B right now (before company A's i-140 is approved)......

    1.Can i still continue with my current GC process parallely with company A, until i-140 is approved and then port it to company B so the the priority date is retained?

    2. Is company A obligated to stop the i-140 process by any law? (since they will no longer hold my H1?)

    3. Assuming i go ahead with the H1 transfer to company B, What all i need to take care before the H1 transfer happens.

    Note: Not in a position to wait until i-140 is approved for H1 transfer.

    At this stage am not sure what are the choices i have and what is the strategy i should apply.

    Pls Advice.

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