H1-B Transfer with approved I-140

[codeX]

Hello – I am currently working for an Indian MNC with my H1-B visa from 2010 (recently completed 7th year). My I-140 got approved around Sep 2015 and my visa got extended at 6th year completion on April 2016 and current H1-B is valid through Jan 2019.

Now, I got an offer from another company but they want me join as soon as they file H1-B transfer which makes sense due to the hold on premium processing. New employer is promising GC processing as well.

Concern is how to get my visa extended beyond Jan 2019 with my new employer.

Options and challenges:

1. My new employer should file my PERM before Jan 2018, to meet 365 days rule, so that they can extend my visa for an year beyond Jan 2019.
Challenge: New employer might not be able to file PERM before Jan 2018 since my H1-B transfer might take longer time as premium is on hold.

2. New employer can use my current employer’s approved I-140 to extend my visa beyond Jan 2019.
Challenge: Current employer can withdraw the I-140 as soon as I resign.

Questions:
1. Can new employer file for H1-B transfer as well as H1-B extension (which is up for extension by Jan 2019) together? Do they need to use my approved I-140 to do that?
2. Can they file PERM for me even though the H1-B transfer is pending with USCIS as PERM is for future employment and has nothing to do with my current employment?

[scientist2016]

GC processing has got nothing to do with H1. GC processing can be started for some one not even employed with the employer right now, and not even in the US. So there is nothing preventing the new employer from starting the PERM process right away.

You can always port your priority date, and I140. Revocation by your current employer will not effect it, as per the recent act passed.

I do not see why you will even consider option 1. You are eligible for option 2, and should use it.

[codeX]

GC processing has got nothing to do with H1. GC processing can be started for some one not even employed with the employer right now, and not even in the US. So there is nothing preventing the new employer from starting the PERM process right away.

You can always port your priority date, and I140. Revocation by your current employer will not effect it, as per the recent act passed.

I do not see why you will even consider option 1. You are eligible for option 2, and should use it.

Thank you ! I am going with option 2. My attorney filed the extension for 3 years with my transfer papers. I am planning to join them with the transfer receipt and hopefully it goes through!

[abhijith9999]

GC processing has got nothing to do with H1. GC processing can be started for some one not even employed with the employer right now, and not even in the US. So there is nothing preventing the new employer from starting the PERM process right away.

You can always port your priority date, and I140. Revocation by your current employer will not effect it, as per the recent act passed.

I do not see why you will even consider option 1. You are eligible for option 2, and should use it.

Hi My current situation is I have my 140 approved for more than 180 days and renewed my visa based on 140 received h1b extension for 3 years until 2020 May.
My 6 years h1 will be done by oct 2017.
I have recently applied for h1b transfer and received h1b upto 2018 june for a perioed of 1 year.
My questions:
1. Can I use my previous employer 140 to extend beyond june 2018 or does the new employer need to get Labor and 140 filed before june 2018 which I don't think they would do before 1 year of employment.
2. I haven't joined new employer can I continue working for my previous employer.
3. My wife got my H4 EAD approved after the h1b transfer is approved, it is valid upto 2020 MAY based on my previous employer petition. I do not understand how come USCIS approve based on my previous employer petition after my h1b transfer is approved. I am in a dilemma what would happen to my wife H4EAD if I choose to change to new employer, would it be valid.
Please respond this is a urgent situation, I need to make a decisson ASAP.
Thank you

[hds6825]

Your action

Hello CodeX,

What was your ultimate decision and action in your circumstances?

I'm in a similar position wherein my wife's H4 EAD has been filed and thinking whether I should transfer my H1B to a new employer.

Thanks!

[hds6825]

Your response

Hello – I am currently working for an Indian MNC with my H1-B visa from 2010 (recently completed 7th year). My I-140 got approved around Sep 2015 and my visa got extended at 6th year completion on April 2016 and current H1-B is valid through Jan 2019.

Now, I got an offer from another company but they want me join as soon as they file H1-B transfer which makes sense due to the hold on premium processing. New employer is promising GC processing as well.

Concern is how to get my visa extended beyond Jan 2019 with my new employer.

Options and challenges:

1. My new employer should file my PERM before Jan 2018, to meet 365 days rule, so that they can extend my visa for an year beyond Jan 2019.
Challenge: New employer might not be able to file PERM before Jan 2018 since my H1-B transfer might take longer time as premium is on hold.

2. New employer can use my current employer’s approved I-140 to extend my visa beyond Jan 2019.
Challenge: Current employer can withdraw the I-140 as soon as I resign.

Questions:
1. Can new employer file for H1-B transfer as well as H1-B extension (which is up for extension by Jan 2019) together? Do they need to use my approved I-140 to do that?
2. Can they file PERM for me even though the H1-B transfer is pending with USCIS as PERM is for future employment and has nothing to do with my current employment?

Hello CodeX,

What was your final decision in the above mentioned outcome?