H1 Maxing out - I need to switch company.

[mchguy]

Hello -

I am working for company A on H1 with an expiry of MAR-2014. I have also filed Green Card under EB-3 with company A (with a PD of May-2010) and I got my I-140 approved in MAY-2011.

I am currently planning to switch to a different company (company B) and have the following questions:

1. My H1 is maxing out in Mar-2014. If I switch to company B by the end of this year, is it even feasible to extend my H1 and what are the possible ways of doing it? Note: Company A is NOT providing me a copy of my approved I-140 to be used to claim my 3 year extension on H1.
2. Will this type of transfer affect my visa stamping in the future?
3. If company B offers to file Green Card under EB-2, can I still use my current PD of May-2010?

Appreciate your inputs.

Thank You.

[abhishek78]

Hello -

I am working for company A on H1 with an expiry of MAR-2014. I have also filed Green Card under EB-3 with company A (with a PD of May-2010) and I got my I-140 approved in MAY-2011.

I am currently planning to switch to a different company (company B) and have the following questions:

1. My H1 is maxing out in Mar-2014. If I switch to company B by the end of this year, is it even feasible to extend my H1 and what are the possible ways of doing it? Note: Company A is NOT providing me a copy of my approved I-140 to be used to claim my 3 year extension on H1.
2. Will this type of transfer affect my visa stamping in the future?
3. If company B offers to file Green Card under EB-2, can I still use my current PD of May-2010?

Appreciate your inputs.

Thank You.

As per my understanding, if your previous employer doesnt cancel your I-140, then with the receipt number you can extend with H1 with new employer.

My case is similar, I worked with company A, who filed my I-140 and got it approved. Also they extended my H1 with that approved I-140 (as I'm over 6 yrs here). Then I joined company B, who sponsored my H1 and got it approved based on existing approved I-140, as my previous employer didnt cancel it. This company B has started my GC and I'm hoping they would be able to transfer my PD, as the previous employer as usual didnt give me any document regarding my GC with them, except the receipt number.

[mchguy]

Thank you

Thanks Abishek for the information.