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  • H1B transfer in 5th year.

    Scenario:

    Working with company A(my only company from the start) since 5 years. From 2009 may till date. Pay is very less and willing to change the company and go to cosultancy.

    This is my second H1B. First one is from Oct 09 to OCT 12. My second H1B is valid until 2015 (OCT 12 to OCT 15). My i-140 has been approved already. Following are the questions and concerns.

    1.) If i change employer now, will i get a 3 year H1B?

    2.) Is it risk to do my H1B transfer when my current H1B expires in another 1.5 years?

    2.) My Recent/last month paystub is having a 5 day vacation deduction. They deducted 1000 dollars for overuse of vacation days for the quater. Will this effect my new H1B transfer?

    3.) If my current employer revokes my I 140, will my priority date stay the same?

    4.) What are my advantages if my current employer does not revoke my I 140?

    5.) Any other heads up or comments?

  • #2
    Originally posted by amarasat2k14 View Post
    Scenario:

    Working with company A(my only company from the start) since 5 years. From 2009 may till date. Pay is very less and willing to change the company and go to cosultancy.

    This is my second H1B. First one is from Oct 09 to OCT 12. My second H1B is valid until 2015 (OCT 12 to OCT 15). My i-140 has been approved already. Following are the questions and concerns.

    1.) If i change employer now, will i get a 3 year H1B?

    2.) Is it risk to do my H1B transfer when my current H1B expires in another 1.5 years?

    2.) My Recent/last month paystub is having a 5 day vacation deduction. They deducted 1000 dollars for overuse of vacation days for the quater. Will this effect my new H1B transfer?

    3.) If my current employer revokes my I 140, will my priority date stay the same?

    4.) What are my advantages if my current employer does not revoke my I 140?

    5.) Any other heads up or comments?
    1.You wont if the employer revokes the I140. I believe you need to wait for 180 days post I140 approval as after 180 days even if the employer revokes the I140 you may still be eligible for 3 Year extension.
    2. See above, if employer revokes the I140 then it can cause issues.
    2. As long as overall W2 shows as per LCA or above it should be fine.
    3. Yes as long as USCIS doesnt revoke the I140 based on fraud or misrepresentation.
    4. See point 1. Also you never know if things dont work out with future employer it still leaves window open to come back.


    This is my opinion not legal advice.

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