H1B Transfer

[venkitta]

Here is my situation. My apologies if this type of scenario already answered and any pointer would be greatly apprecaited.

Visa Type : H1B

Year : 7th Year

GC Category : EB2

I-140 status - Approved

I-485 - Not filed yet as priority date is not current

Current Work Location: India

Company A filed my H1B and due to family situation, I had to return to India and working for the same company (Company A). Company A is still holing my H1B and I-140 but not revoked yet.

Now, I got the offer from Company B based out of India but they are not interested to process my GC.

Here are the questions.

1. Am I on cap or non-cap quota?

2. Can Company B, just do H1B transfer without filing I-140 or not continue GC process?

3. I'm in India so I do not have any USA payslip for the past 3 months. Is it possible to transfer while in India? What are the documents required for H1B Transfer?

Any help/pointer is greatly appreciated.

Thanks

-SVN

[Nattybone]

Here is my situation. My apologies if this type of scenario already answered and any pointer would be greatly apprecaited.

Visa Type : H1B

Year : 7th Year

GC Category : EB2

I-140 status - Approved

I-485 - Not filed yet as priority date is not current

Current Work Location: India

Company A filed my H1B and due to family situation, I had to return to India and working for the same company (Company A). Company A is still holing my H1B and I-140 but not revoked yet.

Now, I got the offer from Company B based out of India but they are not interested to process my GC.

Here are the questions.

1. Am I on cap or non-cap quota?

2. Can Company B, just do H1B transfer without filing I-140 or not continue GC process?

3. I'm in India so I do not have any USA payslip for the past 3 months. Is it possible to transfer while in India? What are the documents required for H1B Transfer?

Any help/pointer is greatly appreciated.

Thanks

-SVN

Hello, SVN.

I am not sure on this one, but should your H1B, when you are not in USA, still matter? Should your Green Card process not matter? I thought an American company could file for GC for someone in India irrespective of this person in India being or H1B or not. Maybe i am not fully aware of the GC process. But, i thought i will raise this query.

Wishing you luck.

Cheers,