H1 Transfer question- 7th Year - Approved I 140 and 3 Year Ext

[priya_k82]

Hello,

I have completed my 6 years of H1 on May-2011. Got the EB3 - I-140 approval and 3 years of Extension in April-2011 from Company A.

My questions:
1) Can I apply for H1 transfer to a Company B.(Do I need to wait for certain period after I-140 Approval date ?)
2) If my new company (B) files new labor, will I be able to retain my old priority date ?
3) Am I eligible for upgrading from EB 3 to EB 2 from Company B.

Thanks in advance.

[shervin143]

1) Can I apply for H1 transfer to a Company B.(Do I need to wait for certain period after I-140 Approval date ?)
>>> Yes, you can apply for the transfer. You will need a copy of the I-140 approval notice. There is no need to wait.

2) If my new company (B) files new labor, will I be able to retain my old priority date ?
>>> Yes.

3) Am I eligible for upgrading from EB 3 to EB 2 from Company B.
>>> If you qualify to be filed under EB2, then Yes.