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140 approved H1 transfer?

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  • 140 approved H1 transfer?

    I got my 6 year max out so I went back to India. But just before I left the country, my company applied labour for me. It got approved after 4 or 5 months and they applied 140 premium and it also got approved immediately. So with that I got h1 again extended for 3 years and I came back. My question is whether its possible now for me now to switch job by applying H1 transfer. I just not sure what other issues I would encounter by doing that.

    Thanks,
    Rajesh

  • #2
    Possible. You will need a copy of the I-140 approval notice. Your GC need to be restarted again with the new Company to get further extension. The priority date from the current labor can be recaptured.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      In order to maintain my H1b status is that required by the new company to start the GC immediately? If so is that something that need to done along with the H1b transfer.


      Originally posted by shervin143 View Post
      Possible. You will need a copy of the I-140 approval notice. Your GC need to be restarted again with the new Company to get further extension. The priority date from the current labor can be recaptured.

      Comment


      • #4
        Not necessarily but they can start the GC process even before the H1b if they wish to. All you need is an approved 140 before the H1b extension has to be filed again in case the old employer cancels the 140.

        With the recent H1b approvals with a duration of the contact for consulting companies, it may jeopardize the prospects if something goes wrong.

        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.

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