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H1 transfer (beyond 6 yrs) with aproved I-140

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  • shervin143
    replied
    Your new employer can apply for the extension only based on the approved I-140 by the existing employer. Once the extension is granted, you will anyhow have to start the GC process again with the new employer irrespective of whether the old employer revoked it or not. The only benefit is that you can recapture the priority date from the exiting labor certification.

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  • ahdpdg
    replied
    What abt if old employer withdrawsI140

    What will be the impact of I140 withdrawal by old employer after switching Job?
    I485 is not filed yet. Already in 6th Year of H1.

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  • shervin143
    replied
    You don't need to do anything. H1B petitions are employer based applications. You have no control over them. If it has to be withdrew, then it has to be done by the respective employer who filed it. Like mentioned earlier, if both gets approved, then you have the option to decide which employer to work for.

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  • Member08
    replied
    Thank you Shervin143. Can you take a jab at the following from my original post as well. thanx

    "does the applicant need to do anything with respect to the open application once the application of interest (say H1 transfer) is approved first?"

    what I mean is let's say my transfer, filed by company B is approved and I start working with B then would I need to do anything with respect to the open extension application with Company A like informing them to withdraw the application ,etc? or I don't have to worry abt that and just continue working at B?

    thanks much

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  • shervin143
    replied
    1. I know that one can transfer their H1 with approved I-140 beyond 6 yrs but is there any detrimental effect to either of the applications (H1 extension or H1 transfer) when both applications are open/pending at the same time? Do we know how the USCIS views 2 applications that are open at the same time from the same person?
    >>> Both applications will be handled separately. You can have extension as well as transfer filed at the same time and one will not have any impact on the other.

    2. Also, how would the adjudication of one application affect the other since, more often than not, the applications would be adjudicated at different times? For eg: what will happen to the H1 extension application (by company A) if the transfer application (by company B) is approved first and vice-versa? And does the applicant need to do anything with respect to the open application once the application of interest (say H1 transfer) is approved first?
    >>> Like mentioned earlier, there will be no impact. If both the applications gets approved, then you have the option of staying with the same employer or working for the new employer.

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  • Member08
    started a topic H1 transfer (beyond 6 yrs) with aproved I-140

    H1 transfer (beyond 6 yrs) with aproved I-140

    Dear friends,
    I had couple of questions regarding transferring one's H1 (from Company A to company B) while the H1 extension application is pending/open filed by company A:

    1. I know that one can transfer their H1 with approved I-140 beyond 6 yrs but is there any detrimental effect to either of the applications (H1 extension or H1 transfer) when both applications are open/pending at the same time? Do we know how the USCIS views 2 applications that are open at the same time from the same person?

    2. Also, how would the adjudication of one application affect the other since, more often than not, the applications would be adjudicated at different times? For eg: what will happen to the H1 extension application (by company A) if the transfer application (by company B) is approved first and vice-versa? And does the applicant need to do anything with respect to the open application once the application of interest (say H1 transfer) is approved first?

    thanks and regards,

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