H1B Transfer while in Extension

[djayash]

Hi,

Please advice me on this situation. I am totally confused.

I am currently working for Employer A who is doing my GC in EB3 category. I maxed out 6 years on my H1B visa last year and am currently an 3 years extension (I140 approved in EB3) valid until Dec 2012.

Another Employer B is now offering me a job and has agreed to process my GC in EB2.

My question was
1) Since I am on H1B Extension right now and have already maxed out 6 years last year (which is due to approved I140 from Employer A), is it possible to transfer my H1B to Employer B?
2) If it is allowed, should I anticipate any issues?
3) If all goes fine, will my end date of Dec 2012 hold good after I transfer my H1 to EMployer B?
4) When should my Employer B start the GC processing in this case?

Thanks for any help on this.

[txh1b]

1. Yes
2. Yes, if A cancels the approved 140.
3. You need a copy of the approved 140 to recap the PD and also for H1b extension with new employer. The validity will depend on projects/work order if it is consulting.
4. Right away. They can file for GC even before you join them. They absolutely need the I140 approved before the validity of the H1b expires.

[djayash]

Thanks for you response.

I had a few more questions

1) If Employer A cancels my I140, what will happen to my H1B transfer. Will that still be approved and valid till Dec 2012 under Employer B
2) Is it necessary that my I140 under Employer B be approved by Dec 2012 (or) is it sufficient that my PERM was applied by Dec 2011.
3) Who will provide the copy of Approved I140. Mine was approved last month. Can I expect it to be sent to me directly by the USCIS or would it be sent to my Employer.
4) The Validity of H1B under New Employer B will still be Dec 2012 right?

[txh1b]

1. H1b transfer is a new H1b that is subject to approval based on an underlying I140 approval. If the I140 is revoked, the H1b extension need not be approved and will be denied. But I140 revoke could take several weeks. So a PP H1b should be fine.
2. I140 should be approved to request any further extension AFAIK as the labor would be in the 8th year based on your post.
3. The employer only has it. You should try to get it from the employer or research into FOIA to obtain the copy. USCIS will not send you anything.
4. Not necessarily. It depends on the documentation provided by the employer regarding the job.

[djayash]

1. H1b transfer is a new H1b that is subject to approval based on an underlying I140 approval. If the I140 is revoked, the H1b extension need not be approved and will be denied. But I140 revoke could take several weeks. So a PP H1b should be fine.
2. I140 should be approved to request any further extension AFAIK as the labor would be in the 8th year based on your post.
3. The employer only has it. You should try to get it from the employer or research into FOIA to obtain the copy. USCIS will not send you anything.
4. Not necessarily. It depends on the documentation provided by the employer regarding the job.

[txh1b]

??? Repost my post?

[djayash]

Oops....Sorry Txh1b..my bad...this was what I intended to ask

1. I was actually planning to get my H1B transferred to Employer B and then quit from my current Employer. Is that possible?
2. If yes, I guess I will need to somehow get my I140 approval from Employer A. Will USCIS consider I140 Approval Receipt number under Employer A to transfer my H1 from Employer A to B?
3. What is AFAIK? Sorry, never heard this term.
4. This basically means I would need to have my I140 approved under EMployer B before the new end date as per H1B transfer

[djayash]

Hi Txh1B, please help me with this.

[txh1b]

Yes to all. As Far As I Know (AFAIK)

[djayash]

TXH1B, Thanks you so much on all the help

[djayash]

Hi,

I just checked with my Employer. They mentioned that since I140 is an Employer's petition, they cannot hand the approval notice to me. But, they have sent me the Labor approval. Is there any other way to get my I140 approval notice?

[djayash]

Hi,

I just checked with my Employer. They mentioned that since I140 is an Employer's petition, they cannot hand the approval notice to me. But, they have sent me the Labor approval. Is there any other way to get my I140 approval notice?

Also, in some of the websites, I saw that the AC21 portability of PD can be done only if I485 is applied and pending for 180 days. My understanding was that I485 can be filed only when PD is current. How does this work? Can't I port my PD if my I140 has been apporved with Employer B?