H1-B Transfer Question

[Srik2010]

Hi All,

I am on H1-B, currently on my 7th year working for Company A. I already have my I-140 approved and recently got a 3 year extension till 2013. One of my friend, who is working in Company B recently told me that they are hiring and would easily find a position for me in his company. I told him that I cannot move to a new company because of my VISA status. Can I transfer my current H1-B to a new company if I have a good offer in hand? I know I would have to restart my GC processing with the new company, but is it possible at all? If it is possible, are there any pre-requisites for the new company to hire me?

Thanks,
Srik

[milda]

It is absolutely possible. No problem at all. And again, if you company A is ready to give Labor and I-140 docs then for company B, they have to file again labor and I-140 but they can use the A filed labor date as priority date.

And for h1 transfer, it is perfectly fine as per me.

[Note:- I am sharing my views, contact your attorney for the best advice.]

Hi All,

I am on H1-B, currently on my 7th year working for Company A. I already have my I-140 approved and recently got a 3 year extension till 2013. One of my friend, who is working in Company B recently told me that they are hiring and would easily find a position for me in his company. I told him that I cannot move to a new company because of my VISA status. Can I transfer my current H1-B to a new company if I have a good offer in hand? I know I would have to restart my GC processing with the new company, but is it possible at all? If it is possible, are there any pre-requisites for the new company to hire me?

Thanks,
Srik

[Srik2010]

Thanks Milda. In case Company A is not ready to give the labor, Company B has to file a new labor as soon as I join them and since I have a good 3 year valid period for my I-94, I will not be out of status. Is that correct? Thanks again.

It is absolutely possible. No problem at all. And again, if you company A is ready to give Labor and I-140 docs then for company B, they have to file again labor and I-140 but they can use the A filed labor date as priority date.

And for h1 transfer, it is perfectly fine as per me.

[Note:- I am sharing my views, contact your attorney for the best advice.]

[milda]

Thanks Milda. In case Company A is not ready to give the labor, Company B has to file a new labor as soon as I join them and since I have a good 3 year valid period for my I-94, I will not be out of status. Is that correct? Thanks again.

Yes. That is true.
[Note:- I am sharing my views, contact your attorney for the best advice.]

[bhayzone]

Just to add to the discussion, you only need a copy of the the I-140 approval notice to retain your old PD. Your new employer will file a new PERM application, and then while filing for the 140 they will request the old PD to be retained.