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Company a to company b h-1b transfer after i-140 approved for more than 5 years

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  • Company a to company b h-1b transfer after i-140 approved for more than 5 years


    I am currently working in company A with an H-1B extension valid till 2021 based on an approved I-140 (which was approved in 2014) from company A.

    I have been offered a job from Company B. The Job specifications in both the jobs company A and company B are in the same field.

    Could you please help me with my concerns?

    1. I want to start working in company B at the earliest. What is the best and earliest way to get immigration transferred to company B?

    2. Can the company B take my I-140 approved petition (from company A) and file for H-1B transfer, without going through labor ?

    2. If the company B files for new labor and new H-1B (for company B), how long does it take now a days to process in premium processing?

    Please advise.


  • #2

    Below are my thoughts for your points mentioned above

    for 2) Yes Company B can take your approved I-140 and file for your H1b Transfer. Since you still has validity in it so it will only be a amendement and not extension and yes LCA need to be filed as your company is changing may be you are going to perform the same jobs responsibility. Also new company might be providing you a different designation also along with upgraded salary so they definitely will grab a new LCA for you.

    for 3) LCA in premium can be achueved in week or so as far as i know.and premium has sla of 15 days for transfer.