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Change of Job/Employer after I-140 Approval - H1b Transfer issues?

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  • Change of Job/Employer after I-140 Approval - H1b Transfer issues?

    Subject:
    change of job & employer after one year of getting approval of I-140 (EB2 category) from a big company (full time employment). Any issues in H1B transfer in premium process to a small consulting firm

    I was in a full time employment with big wireless company and got my PERM and I-140 approved in premium process in EB2 category, more than a year go. After that in June 2011, I got 3 year extension of my H1B visa and I went to India and got H1B visa stamp in my passport till July 2014 and entered US immediately. My I-140 approved in Sept 2010. my EB2 priority date is Aug 2010.

    I left the big company a month back in job loss, and now this small consulting firm doing my H1B transfer via premium process. Can I expect any issues now and would I be getting my H1B transfer till July 2014 (based on my previous 3 year extension with earlier company approved in EB2 I-140). As it took me a month to start the H1B transfer with the consulting firm, can I expect any issues? would I be getting H1B approved with I-94 attached? Is it a good idea that I am doing premium process OR I should have opted for normal H1B transfer? Please let me know what are the possible issues and problems I can face and a possible solution or way out, if there is a query, RFE or I get a H1b approval with out I-94 attached?

    there a chance for my H1B getting revoked due to the one one month delay in filing the H1B transer afer loosing the job?


    Please let me know
    thx and cheers
    Sanju

  • #2
    Since you were out of status for a month, the chances of your H1B transfer getting approved with a new I-94 is less. When you are out of status (without latest payslips), USCIS won't approved the transfer with a new I-94 or would allow a COS to any other status (unless you get lucky and the petition gets overlooked). It is advisable you file the transfer in premium and get the result within 15 days. If you apply in normal process and if it takes more than 90 days and if the transfer gets denied or if it gets approved without a new I-94, then you would have accumulated a lot of out of status period. The transfer with the new employer will get approved for the duration for which the employer can show work itinerary. USCIS won't blindly approve the transfer for 3 years.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      I would appreciate your reply.

      Would you also answer my other question.

      If USCIS overlooked approved H1b transfer,
      would I be getting my H1B transfer till July 2014 (based on my previous 3 year extension with earlier company approved in EB2 I-140)?

      Comment


      • #4
        Extension will not be blindly granted for 3 years even if you have an approved I-140. Extension will be approved only for the work duration shown by the employer. If the employer requests 3 years, then they will have to prove that they have work available for you for 3 years. If your employer is a consultancy company, then extension can be granted for less than 3 years unless you can get a client letter that mentions that they client will employ your service for 3 years.

        Originally posted by unsanjana View Post
        I would appreciate your reply.

        Would you also answer my other question.

        If USCIS overlooked approved H1b transfer,
        would I be getting my H1B transfer till July 2014 (based on my previous 3 year extension with earlier company approved in EB2 I-140)?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Should i change a Job

          My I140 approved with company A and got extension till 2020 and I moving to Company B.Company B filed my visa and i got 1 year extension til april 2018 .so i got

          extentsion from 4/2017 to 4/2018. and my H1B 6 years completing in July 2018.

          so my question is that , is it safe to change job with 1 year extension , so i have to apply for labour again and then i can get extension or i can get extension with

          I140 which is filed by Compant A.



          Swati

          Comment

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