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  • H1 Transfer anf green card

    Hi,

    I am currently working with Company A on H1b valid until August 2011 ( 6 year term).

    My I140 is approved with EB3 Priority date April 2007 filed by Company A.

    Now, my situation is that my client remains the same, but the client has awarded the contract to Company B. So Company B will have to file for a H1b transfer soon. Right now, Company A and B have entered a subcontract for time being until transition happens completely and there is no employment gap in my case. I am still on Company A's payroll.

    My question is after H1b transfer to Company B, will I get 3 year H1b extension beyond August 2011? I know I will have to file new labor and 1140 with Company B.

    I am planning to file in EB2 as I have 5+ years of progressive experience

    Thanks
    Last edited by texas1235; 07-14-2009, 02:58 PM. Reason: spelling mistake

  • #2
    You can get a 3 year extension with B based on the I140 of company A.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks txh1b.

      So, when I file for H1b extension from Company B, my lawyer will have to attach a copy of my I140 approval from Company A to get 3 year extension. Thats awesome...

      Does it matter if Company A revokes my Labor/I140 anytime soon?

      Thanks again...

      Comment


      • #4
        Originally posted by texas1235 View Post
        Thanks txh1b.

        Does it matter if Company A revokes my Labor/I140 anytime soon?

        Thanks again...
        That is the questionable part. If they revoke the I140, based on few of my readings and the latest Neufield memo, the underlying GC petition supporting the alien does not exist and you may not qualify for the 3 year extension. Talk to your lawyer.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Thanks txh1b. I will talke to my lawyer and update.

          In order to save my green card (I140 approved) I have with Company A, I am thinking of an option of having two H1bs, each with Company A and Company B. I will get paychecks from both (part time). Is this possible or a risky move in current weak economy scenario ?

          Also, if I travel outside US, which visa will the IO look at ?

          Comment

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