Job transfer on H1B extension

[pankaj7528]

Hi,

I tried to search for a scenario like me before posting this query. Sorry if I am duplicating the question.

I received my 3 years extension last month. I have a valid 140 but waiting on the 485 filling (long wait). In the meantime, my client where i am contracting wants me to join them, my current employer might be ok with it. But the new company does not want to file for my GC till 6months? Is this valid? Can i work without a GC being filed in my extended years?

Also, when they file for my gc in 6 months (labor) and then i move to the 140 stage, can I port over my priority date? Also, my current application is EB2, what if the new one is in Eb3, will priority date be a concern here?

Thanks,
Pankaj

[txh1b]

You may continue to work on H1b after a H1b transfer till the 6 years or more provided the I140 from any one employer remains valid. The new employer can file for a separate labor/I140 and recapture the PD from the old petition.

[pankaj7528]

Does it (last 140 )need to be valid for the period I am working or is it ok if they withdrawn after i get my H1 transfer from new employer. Also .. I know i can carry the PD but will it be ok if the new employer file GC six months later afte rthe H1B transfer ( which is already in extension). Can I still do that.

Thanks in advance,
Pankaj

[txh1b]

If you are in the first 6 years of H1b, your I140 does not come into picture as far as you working on H1b. To work past the 6 years of H1b, you would either need a labor filed atleast 12 months prior to the expiry of 6 years or have an approved 140 by the time of 6 year completion.

As far as how the situation plays out if the underlying I140 is withdrawn and the person does not have a new labor filed by the new company is something you need to take up with a lawyer. So far, the situations that I have run into are when the company has not withdrawn the I140, the person can keep extending the H1b based on that until a 485 is filed/the PD remains not current for 3 year increments.