H1B transfer on I-140

[ks4chat]

HI
I have an approved I-140 and Im getting my H1b renewed for the first time for 3 years ( I have been on H1B for more than 6 years now). After my H1b renewal I want to change my job. My i-140 has been approved for more than 6 months now.

Questions I have

1. If I move (transfer H1b) and the previous employer cancels the i-140 , does that make me out of status?

2. Secondly, will I be able to port the priority date, if previous employer cancels the i-140?

3. The current employer refuses to give a copy of the i-140 . Is the receipt number enough to port the i-140 at the new employer.

Really appreciate any replies. Im sorry If Im repeating some questions here.


ks4chat

[nicoeppersma]

HI
I have an approved I-140 and Im getting my H1b renewed for the first time for 3 years ( I have been on H1B for more than 6 years now). After my H1b renewal I want to change my job. My i-140 has been approved for more than 6 months now.

Questions I have

1. If I move (transfer H1b) and the previous employer cancels the i-140 , does that make me out of status?

2. Secondly, will I be able to port the priority date, if previous employer cancels the i-140?

3. The current employer refuses to give a copy of the i-140 . Is the receipt number enough to port the i-140 at the new employer.

Really appreciate any replies. Im sorry If Im repeating some questions here.

1: no, but make sure to file an AC21 portability request
2: you will keep your priority date, regardless of what the old employer does with the I-140.
3: I don't have experience with that, hopefully someone else can answer this.

[ks4chat]

1: no, but make sure to file an AC21 portability request
2: you will keep your priority date, regardless of what the old employer does with the I-140.
3: I don't have experience with that, hopefully someone else can answer this.

Hi

Thanks for the reply. I don't have i-485 filed, just an approved I-140. In that case moving is considered risky right?

ks4chat

[nicoeppersma]

Hi
Thanks for the reply. I don't have i-485 filed, just an approved I-140. In that case moving is considered risky right?

Yes, I that case I would recommend staying until you have an I-485 pending for 6 months..

[shubhodeep]

H1B transfer ( 6yrs+) with I-140: current employer refuse transfer of I-140

Background Info

Currently on H1B ( 6 year expiration will occur on Aug 5, 2015).

Current employer ( Company A) extended H1B past 6 year till aug 5, 2018 based on approved I-140 ( approved on May 31, 2013).

Interviewed with Company B on June 8, 2015

Company A laid off on June 11, 2015 without notice and severance. Company A did not extend termination date with regards to sabbatical and accrued vacation days.

Co-workers from same group and department got termination notice of 1 month till July 15,2015 under same criteria of layoff as well as severance pay.

Last pay period from company A was on June 30, 2015, paid out through a cheque dated june 16, 2015.

Company B wanted to extend offer on June 18, 2015 but requested copy of I-140. I send them the copy of I-140 that company A had got approval from USCIS with priority date in Sept 2012.

Company B requested Company A to allow transfer of I-140, but Company A refused and said they want to send I-140 and H1B to USCIS for revoke.

Company B is unable to hire me since without I-140 they are not able to get me approved H1B to work in US, past aug 5, 2015.

My questions :

1.Is there any way I can get a work authorization to work in US after aug 5, 2015.?


2.If not , what is the last day i can be present in US without legal penalties.?


3. Will a legal notice against Company A for false / misleading grounds for my termination ( over last 2 years) as well as my severance terms being different and way more harsher to others in same department / team help in negotiating a I-140 transfer. I truly have grounds for a legal notice.


Thanks