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Change of Employer with Approved I-140

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  • kup0009
    replied
    H1 Transfer question- 7th Year - Approved I 140 and 3 Year Ext

    Hello All

    I am planning to transfer my H1 to the client where I am working. I have my 140 approved with EB2 and have h1 extension of 3 yrs after completion of my 6 yrs. I have copies of both 140 and H1b extension.

    Please let me know if my employer can revoke my 140 and will it have any effect during porting of priority date. Since you know it will take time to file labor/140 at the new client place (6months to 1 year).

    Please Advice.

    Thanks,
    Kotha

    Leave a comment:


  • goomail
    replied
    QA) Now while transferring my H1 if I request Employer B to file for my labor and I-140 can I keep the old priority dates or will I get the new priority date.
    A. You should be able to keep the old priority date.

    QB) Say if the H1 transfer to Employer B doesnt go through do I have to leave the country?
    A. Yes, if you did not join B based on the receipt notice and your current I94 is unexpired. Better to wait until the transfer decision.

    QC) Can Employer B file for my Green Card before transferring my visa? Note: My Green Card is currently filed and I-140 is approved as I said with Employer A
    A. Yes, if B is ready to file. GC is for future employment and not tied to the current status.

    Leave a comment:


  • Shinddles
    replied
    Hi, did anyone respond to this question? Or do you know the answers to your questions? I am in the same "pickle" currently.

    Thanks you.

    Leave a comment:


  • computerpro007
    started a topic Change of Employer with Approved I-140

    Change of Employer with Approved I-140

    Hi,

    I am with employer A and I am planning to switch to employer B. Employer A has filed for my I-140 which is approved and since I am planning to switch I am sure hes gonna revoke it.
    A) Now while transferring my H1 if I request Employer B to file for my labor and I-140 can I keep the old priority dates or will I get the new priority date.
    B) Say if the H1 transfer to Employer B doesnt go through do I have to leave the country?
    C) Can Employer B file for my Green Card before transferring my visa? Note: My Green Card is currently filed and I-140 is approved as I said with Employer A

    Thanks
    Last edited by computerpro007; 12-29-2011, 11:59 PM.

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