H1B Transfer

[vm2011]

Hi

I am working with Employer A for 10+ years. My PERM and I-140 was filed and approved with my current employer A. I am on my H1B extension using my I-140 and is currently valid till June 2013.My GC priority date is in Jan 2008 and was filed in EB3 by employer A. I have the following questions

1. If I plan to switch to Employer B, do you forsee any issues with my H1B transfer, as I am in my H1B extn using 1-140? If the H1b transfer is approved, will it be approved only till June 2013? To extend beyond June 2013, should I have the PERM and I-140 filed and approved with my new Employer before June 2013 ?

2. Since I have more than 5 years experience, will the new employeer be able to start the GC process in EB2 or EB1 (I am working as a manager with Employeer A for more than a year). In that case, will it be a new priority date ( and not my EB3 priority date of Jan 2008).

Can you pls clarify

[shervin143]

1. If I plan to switch to Employer B, do you forsee any issues with my H1B transfer, as I am in my H1B extn using 1-140?
>>> Not if you have a copy of the I-140 and the employer hasn't revoked the I-140 when the transfer is in progress.

If the H1b transfer is approved, will it be approved only till June 2013?
>>> A max of 3 years can be requested based on the approved I-140.

To extend beyond June 2013, should I have the PERM and I-140 filed and approved with my new Employer before June 2013 ?
>>> It should be approved before the new employer is suppose to file the first extension (Your transferred I-94 expiry date).

2. Since I have more than 5 years experience, will the new employeer be able to start the GC process in EB2 or EB1 (I am working as a manager with Employeer A for more than a year).
>>> It depends on whether you are eligible for EB 1 or 2 or 3 based on the combination of your education and work experience. Check the GreenCard section of immihelp.

In that case, will it be a new priority date ( and not my EB3 priority date of Jan 2008).
>>> The previous priority date can be recaptured.