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I-140 approved, change job and H1B transfer

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  • I-140 approved, change job and H1B transfer

    Hello All,

    I need some guidance regarding my current position.
    My 6 year H1-B expired in April 2017 and I had not yet received my I-140 approval. Due to which I couldn't apply for the H1B extension. My company offered me the opportunity to work for our 2nd office in Italy(Separate entity from the US office). I moved here in Feb 2017 with the idea of working for few years and to go back to US through the same employeer when they apply for my H1B extension and continue my Green card processing.

    My question now is, if I find a job with a new employer in the USA, is it possible to transfer my existing I-140 (approved in April 2017 and I don't live in the US anymore) to the new employer and then have them file a new H1B extension and then use it to go back. I want to avoid applying for new H1B through the yearly lottery system.

    Thank you for your feedback in advance.

    Regards
    Brt

  • #2
    Originally posted by brt View Post
    Hello All,

    I need some guidance regarding my current position.
    My 6 year H1-B expired in April 2017 and I had not yet received my I-140 approval. Due to which I couldn't apply for the H1B extension. My company offered me the opportunity to work for our 2nd office in Italy(Separate entity from the US office). I moved here in Feb 2017 with the idea of working for few years and to go back to US through the same employeer when they apply for my H1B extension and continue my Green card processing.

    My question now is, if I find a job with a new employer in the USA, is it possible to transfer my existing I-140 (approved in April 2017 and I don't live in the US anymore) to the new employer and then have them file a new H1B extension and then use it to go back. I want to avoid applying for new H1B through the yearly lottery system.

    Thank you for your feedback in advance.

    Regards
    Brt
    Yes you can port your priority date as well as extend your H1B. But the new job has to have the same profile as the old job.
    Just an opinion; Not legal advice.

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