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View Full Version : 7 th year on H1 (expires in 4 months). PD porting options with new employer.


govindraj76
07-28-2010, 11:30 AM
Please help.

GC Status : Filed in EB3, PD OCT 2004. I-485 not filed.
I-140 status : Approved
Visa status : My LCA/H1visa end date is March 2011.

Situation:
I am on 7th year extension. H1 extension was approved based on approved I-140.
H1 extension is set to expire in March 2011 (7-8 months)

There is a need for me to switch current employer.

Question:


1) Can I transfer my current H1B to a different employer now and apply for extension with new employer based on EB3 - I140 approval from previous employer.

2) Once I start the GC process with new employer, Can I start GC process in EB2 and keep the PD of EB3 date ? If so what are the documents required from my current employer.

Eb3 -> Eb2. Should new job should be in same area or ? My skillsets have changed and meets EB2 requirements.

3) Will my stay in US beyond the current H1 expiration date (March 2011), is going to be determined based on GC status with new employer ? or Can I continue applying for H1
extension with my new employer based on approved I-140 from prior employer ?

Thanks/

govindraj76
07-28-2010, 03:10 PM
Any suggestions ?

gc28262
07-28-2010, 03:22 PM
Please see replies inline
Please help.

GC Status : Filed in EB3, PD OCT 2004. I-485 not filed.
I-140 status : Approved
Visa status : My LCA/H1visa end date is March 2011.

Situation:
I am on 7th year extension. H1 extension was approved based on approved I-140.
H1 extension is set to expire in March 2011 (7-8 months)

There is a need for me to switch current employer.

Question:


1) Can I transfer my current H1B to a different employer now and apply for extension with new employer based on EB3 - I140 approval from previous employer.

YES

2) Once I start the GC process with new employer, Can I start GC process in EB2 and keep the PD of EB3 date ? If so what are the documents required from my current employer.

YES. Documents ? maybe experience certificate

Eb3 -> Eb2. Should new job should be in same area or ? My skillsets have changed and meets EB2 requirements.

Since it is a new GC filing skillsets can be different

3) Will my stay in US beyond the current H1 expiration date (March 2011), is going to be determined based on GC status with new employer ? or Can I continue applying for H1
extension with my new employer based on approved I-140 from prior employer ?

If your 140 is active ( not withdrawn), you should be able to get extension based on your old I-140

Thanks/

andycool
07-28-2010, 03:24 PM
Please help.

GC Status : Filed in EB3, PD OCT 2004. I-485 not filed.
I-140 status : Approved
Visa status : My LCA/H1visa end date is March 2011.

Situation:
I am on 7th year extension. H1 extension was approved based on approved I-140.
H1 extension is set to expire in March 2011 (7-8 months)

There is a need for me to switch current employer.

Question:


1) Can I transfer my current H1B to a different employer now and apply for extension with new employer based on EB3 - I140 approval from previous employer.

2) Once I start the GC process with new employer, Can I start GC process in EB2 and keep the PD of EB3 date ? If so what are the documents required from my current employer.

Eb3 -> Eb2. Should new job should be in same area or ? My skillsets have changed and meets EB2 requirements.

3) Will my stay in US beyond the current H1 expiration date (March 2011), is going to be determined based on GC status with new employer ? or Can I continue applying for H1
extension with my new employer based on approved I-140 from prior employer ?

Thanks/

IMHO

1) Yes you can

2) Your new Job must qualify for EB2 category

3)You can continue to apply for H1 with new employer

Contact a good attorney

since your employer may withdraw your I 140 before your H1b Approval it may cause some problems ....If your employer is ready to hold your I 140 i think you should be good.

Just contact a attorney you may end up spending couple of hundred $ but its worth