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priya_k82
07-12-2011, 01:22 AM
Hello,

I have completed my 6 years of H1 on May-2011. Got the EB3 - I-140 approval and 3 years of Extension in April-2011 from Company A.

My questions:
1) Can I apply for H1 transfer to a Company B.(Do I need to wait for certain period after I-140 Approval date ?)
2) If my new company (B) files new labor, will I be able to retain my old priority date ?
3) Am I eligible for upgrading from EB 3 to EB 2 from Company B.

Thanks in advance.

sk.aggarwal
07-12-2011, 05:12 AM
Response:

Hello,

I have completed my 6 years of H1 on May-2011. Got the EB3 - I-140 approval and 3 years of Extension in April-2011 from Company A.

My questions:
1) Can I apply for H1 transfer to a Company B.(Do I need to wait for certain period after I-140 Approval date ?) Yes, you would need copy of approved I-140. No
2) If my new company (B) files new labor, will I be able to retain my old priority date ?yes
3) Am I eligible for upgrading from EB 3 to EB 2 from Company B.yes that is based on your job requirements and your qualifications.

Thanks in advance.

Mr. Brown
07-12-2011, 07:57 AM
1. Of course! (No wait required)
2. Yes
3. If the future job requires EB2 level experience / education then yes.


Hello,

I have completed my 6 years of H1 on May-2011. Got the EB3 - I-140 approval and 3 years of Extension in April-2011 from Company A.

My questions:
1) Can I apply for H1 transfer to a Company B.(Do I need to wait for certain period after I-140 Approval date ?)
2) If my new company (B) files new labor, will I be able to retain my old priority date ?
3) Am I eligible for upgrading from EB 3 to EB 2 from Company B.

Thanks in advance.

priya_k82
07-12-2011, 01:25 PM
Information you have provided is very useful to me. Thanks a lot SK.Aggarwal and Mr.Brown.

kup0009
05-02-2012, 11:57 AM
Hello Mr.Brown/Mr.SK

I am planning to transfer my H1 to the client where I am working. I have my 140 approved with EB2 and have h1 extension of 3 yrs after completion of my 6 yrs. I have copies of both 140 and H1b extension.

Please let me know if my employer can revoke my 140 and will it have any effect during porting of priority date. Since you know it will take time to file labor/140 at the new client place (6months to 1 year).

Please Advice.

Thanks,
Kotha