H1B transfer while I485 pending

[sanjeebsw]

Hi txh1b,

My I485 is on pending state and want to change the company. The new company(Client) is ready sponser H1B. If I take this offer which one should I take H1B transfer or use my EAD? Please let me know what impact it will be on I485 if I change the comapny.

Thanks in advance.

[txh1b]

Transfer of H1b is safe as in case of a 485 denial, you could still work and go through appeals, MTR etc. If you work on EAD, you have to stop working once 485 gets denied leaving you with no options.

[sanjeebsw]

Thanks for your quick response. Forgot to ask one thing, I am on 9th year of H1 since I have approved I140 and my H1 is getting expire on Aug 2009 so if I do H1 transfer how many years I should get approval? Is that true I should be getting around three years validity since I have I140? Please replay me.

Thanks

[txh1b]

If your PD is not current, you will get a 3 year H1b. If your PD is likely close to becoming current, I would suggest going for a PP once the bulletin is out for that month and get the approval for 3 yrs rather than 1 year.

[sanjeebsw]

Thank you. Do I have to invoke AC21 if I do H1 transfer? Please reply.

[nvx]

GC process and rules are same even if you prefer to continue on H1.
Actually filing of AC21 is not mandatory but it's advisable to file whenever you change the employment during the 485 pending period and you need to perform similar job duties at new employer with same or more salary otherwise uscis will deny the case immediately when they receive AC21.

[krbalaji77]

H1b Transfer successful?

Hi Sanjeebsw,
I am in a similar situation as you were and planning to switch employers. I am in the 7 year (on H1b Extenstion) while I have a valid I140 and I485 pending. My H1B expires April 2010 and would like to do a H1b transfer.

Were you successfully able to to get a H1b transfer - as your H1b stay had crossed the stipulated 6 years?

Please advise.

Thanks