H1B- Transfer - I140 Clear with current employer - Can I keep priority Date

[gurpreetrajput]

Hi,

I am currently with Company A on H1B- valid till 9/10/2018. My GC was filed (EB3) on 7/11 and I-140 cleared on 7/2012. My 6 years on H1-B exhausted from 05/2008- 05/2014. I am getting extensions on basis of my I-140 with company A.
I need to join Company B and need to know:

1. Can Company B Transfer my H1B w/o risk - ?
2. Does Company B have to re-start my GC process from scratch - Labor, PERM, I-140?
3. Can Company B keep the same priority date - 7/11 or I have to restart all over again and everything will restart?
4. I believe Company A will revoke my I-140, in that case is there a time limit for Company B to restart the GC process so that I can keep my priority date? Company B is telling me that they will re-start the GC process after 12 months of joining.

Any help is appreciated. I need to make a switch but want to check the impact before deciding on the transfer path.

Thanks,
Karan -

[raghvi]

Hi,

I am currently with Company A on H1B- valid till 9/10/2018. My GC was filed (EB3) on 7/11 and I-140 cleared on 7/2012. My 6 years on H1-B exhausted from 05/2008- 05/2014. I am getting extensions on basis of my I-140 with company A.
I need to join Company B and need to know:

1. Can Company B Transfer my H1B w/o risk - ?
2. Does Company B have to re-start my GC process from scratch - Labor, PERM, I-140?
3. Can Company B keep the same priority date - 7/11 or I have to restart all over again and everything will restart?
4. I believe Company A will revoke my I-140, in that case is there a time limit for Company B to restart the GC process so that I can keep my priority date? Company B is telling me that they will re-start the GC process after 12 months of joining.

Any help is appreciated. I need to make a switch but want to check the impact before deciding on the transfer path.

Thanks,
Karan -

1. Yes.
2. Yes.
3. Priority date can be carried over, make sure you get a copy of I140 approval from your current employer.
4. B has to file PERM at least 1 year before new H1 1797 expiry OR get I140 approved before that day, in order to get H1 extension. So suppose, B gets I797 expiry till Sep 2018, then they have to file PERM before Sep 2017, or hope I140 gets approved by Sep 2018.

This is my opinion not legal advice