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Transferring H1 while I485 is pending

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  • Transferring H1 while I485 is pending

    I am on H1 visa with company A, valid till June-2012.
    Company A has applied for my I140 and its approved.
    I applied for I485 on Aug-07 and waiting for my PD (Nov-06) to become current.
    I have EAD but my wife is on H4 (I married after submitting my I485), so I want to keep my H1 status.

    1. My question is when another company, say company B, transfer my H1, what happens to my green card application / I140?

    2. Can company A revoke the I140?

    3. Do company B has to start from PERM and I140 again?

    4. What is my risk / worst-case scenario that could happen by transferring my H1 at this point? (Company B is a reputed company, actually the client I am working for.)

    Please help.

    Thanks,
    Venad
    Last edited by venad; 07-22-2010, 10:23 AM.

  • #2
    Your I-140 is still good

    and company A won't be able to retract it if your I-485 has been pending for more than 6 months, unless under extreme conditions like fraud.

    company B can file an I-140 under a different category if that's faster than you previous I-140 PD.

    no risk of transferring H1, but be nice to your company A when leaving.

    Comment


    • #3
      1. Company B's job has to be same/similar as your 485. Have them file for a AC21 request. Do some research. Company A can withdraw 140 anytime thereby resulting in a RFE or a NOID. Hence a AC21 on file is good if you fear of A withdrawing the 140.
      2. Yes
      3. Not if the job is same/similar as your labor for 485
      4. 140 withdrawn, RFE and or NOID.

      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.

      Comment


      • #4
        Thank you

        Thank you for the replies.

        I posted this without doing much research, sorry about that. There is lot of info about AC21.

        In my case, the new job would be very similar as that given in I140, so I guess AC21 will do for me.

        Thanks again,
        Venad

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