H1 transter with I140

[coolguy09]

Hi ,

I am working in a company A as a full time employee and I want to switch over other company, say B. I have still 2 years and 6 months valid to complete 6 year for my H1, mean time I had applied my Labour for my GC in my current company A and labour was approved a month back and now I140 is under processing. my questions is

1. Can I change/transter my H1 other company Say B ?
2. Is it possible to transfer my I140 from A to B ( assumed that I140 is approved)
3. If not so , after transferred to B , shall I start GC from the start ?and how long will it take to get labour approval and I140 as well in order to get H1 externsion after 6th year?

[shervin143]

1. Can I change/transter my H1 other company Say B ?
>>> Yes.

2. Is it possible to transfer my I140 from A to B ( assumed that I140 is approved)
>>> I-140 cannot be transferred. You have to restart the GC process all over again. However, the priority date from the previous labor can be recaptured.

3. If not so , after transferred to B , shall I start GC from the start ?
>>> Yes.

and how long will it take to get labour approval and I140 as well in order to get H1 externsion after 6th year?
>>> Your labor should be filed 12 months prior to the end of the 6th year end on H1B to get the 7th year extension. If the labor is applied 12 months in advance and if it is pending or approved by the end of the 6th year, then you can apply for 1 year extension. If I-140 is approved by that time, then you can apply for a 3 year extension.

[dindia]

what happens if he changes the company and restarts gc

What if he changes his company from A to B and restarts GC. will a person not get H1 extensions after 6th year of H1 with no GC process in place?

[shervin143]

H1B extension beyond 6th year is not possible if labor is not filed 12 months before the 6th year end. Check this.
https://www.immihelp.com/h1-visa-ext...-years-in-usa/