H1 transfer

[Biju]

I'm currently on a H1B, working as a programmer analyst. My labor has been approved and I 140 is pending. I have currently enrolled in an MBA program, I'm wondering if I will run into issues during the placement process (at the end of the MBA) with my visa transfer and porting of green card process. Also, my H1 was extended recently but a new H1 visa has not yet been stamped as I have not travelled out of the country yet(my H1 expires Oct 2011). I expect to be interviewing in about 2 years.

Please help me with the following questions: -

1. If I do not have a green card by the time I start interviewing can the H1B be transferred assuming that the new job is not in the programming field? Or can the new employer file a new H1B for the specific job description?

2. If I have an EAD by the time I start interviewing can the GC process be transferred even though my job description and title change drastically?

Any help is greatly appreciated.

Thanks

[txh1b]

1. Yes
2. Not possible. Look up AC21 requirements and memo and get some reading done.

[Biju]

1. Yes
2. Not possible. Look up AC21 requirements and memo and get some reading done.

Thank you for the response txh1b. Just wanted to confirm whether the 'Yes' was for "transferring the H1 even though the new job is completely different" or was it for "the new employer has to file a new H1".

Also wanted to confirm whether in either of the cases I have to get a visa stamped immediately or can it wait till I travel out of the country.

Thanks

[txh1b]

H1b cap counted once can be used in any sector as long as the job and your experience meet the requirements.

There are no sub-categories for IT H1, Finance H1 etc. Only Cap and cap-exempt are the options.

[Biju]

I needed some more information

The business school has campus interviews I'll be able to interview around August 2011; my H1, 6 year dead line is on April 20th 2012. Since my job description will change I believe that I cannot use the GC process started by my current employer to extend the H1 stay beyond 6 years.

I'm thinking the following scenarios are possible: -

1. Priority dates become current and my GC gets approved (my current employer has filed I 140) before I start interviewing on campus. If this happens I don't have to worry about a thing. (I think this is highly unlikely).

2. A company is willing to transfer my H1B then applies for Labor which gets approved within 90 days then I 140 is processed before my 6 year term (I cannot use my current employer's GC process because my job description would have changed drastically). In this scenario if the labor hits an audit then I am doomed because I have about 7 months from the time I get an offer on campus to the 6 year H1 dead line.

I'm thinking option 2 is the best bet. Please let me know if there is a better way; please provide your inputs on how I can handle this.

Another thing came to my mind - Let us say I get my H1 extended based on the current GC process then get the H1 transferred can the new employer start a fresh GC process? will the second GC process have any negative impact on my GC process overall?

Please help as I will be spending a lot of money on the MBA and want to make sure it does not go down the drain.

Thanks

[txh1b]

You need to look into the Neufield memo and AC21 memo for answers to your questions and what-if scenarios. The forum has links if you search.

http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf

Why don't you schedule an appointment with an immigration lawyer that can evaluate and explain all options available to you?

These are possible solutions that I could think of:

1. Stick with your job that filed for the GC and wait it out.
2. Get your current employer obtain a 3 year extension of H1b after the 6th year based on an approved I140, use that to transfer H1b to new employer, restart the GC process and capture the PD from old labor and I140.

All these and some other options have been discussed in the forum. Search and read.

[Biju]

thank you txh1b.

Appreciate your inputs.