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I have been working for company A for more than 5 years and my GC is in processing - I140 approved with a PD of Sep 2009 under EB3 category. Since I got promoted a year ago, they are ready to change from EB3 to EB2 category.
But I also pursued MBA in the mean time and about to graduate in few months. I have plans to look for a new job based on my MBA degree and career aspirations. My 6 year H1B is already expired and I am on the first extension. The extension expires this Dec 2014. With regards to all these, I have some questions.
1. Can the H1 transfer application of the new company and H1 extension application process of the old company happen at the same time? Because I plan to move to new company only if H1 transfer goes through fine
2. Since I have crossed the 6 years of my H1, will I get 3 years in the new H1 transfer? Or will there be any problems with that because I won't have my GC processing with the new company yet?
3. After I move to a new company, what if my old company revokes my I140? Can I retain the PD when the new company will be ready to process my GC with the EB2 or EB3 category?
4. How sooner should I start my GC process within the new company a) assuming I got H1 extension for less than 3 years b) assuming I got H1 extension for 3 years
5. A general question - Will the H1 transfer of the new company approval depend on my I140 with the current company A?
6. Will I be in status if a) I stay with the current company and the EB3 to EB2 gets denied? Assuming it depends on my H1B validity - is this right? b) I move to a new company and when they do their GC processing it gets denied?
Could you please clarify these? This would really help in my decision. Thanks a lot in advance.
But I also pursued MBA in the mean time and about to graduate in few months. I have plans to look for a new job based on my MBA degree and career aspirations. My 6 year H1B is already expired and I am on the first extension. The extension expires this Dec 2014. With regards to all these, I have some questions.
1. Can the H1 transfer application of the new company and H1 extension application process of the old company happen at the same time? Because I plan to move to new company only if H1 transfer goes through fine
2. Since I have crossed the 6 years of my H1, will I get 3 years in the new H1 transfer? Or will there be any problems with that because I won't have my GC processing with the new company yet?
3. After I move to a new company, what if my old company revokes my I140? Can I retain the PD when the new company will be ready to process my GC with the EB2 or EB3 category?
4. How sooner should I start my GC process within the new company a) assuming I got H1 extension for less than 3 years b) assuming I got H1 extension for 3 years
5. A general question - Will the H1 transfer of the new company approval depend on my I140 with the current company A?
6. Will I be in status if a) I stay with the current company and the EB3 to EB2 gets denied? Assuming it depends on my H1B validity - is this right? b) I move to a new company and when they do their GC processing it gets denied?
Could you please clarify these? This would really help in my decision. Thanks a lot in advance.
