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View Full Version : Moving to new company B- 140 approved from Company A-Please guide


appani
08-20-2009, 02:08 PM
My situation
Labor and 140 approved with PD in Jan 2008.
H1B- 6years expiring on Jan 27th 2011.

1) Can I use the 140 from previous company to get H1B extension

2) If yes, does the job description need to be same in company A and B since Iam joining as a senior BA in the new company and it was different designation in my old company. Iam OK with getting my GC process started from scratch... What is the criteria that H1B extension for 3 years going smooth.. job /salary/ exp etc matching LCA from previous company

3) I have very good relationship with company A and they are not going to cancel my approved 140. If dates become current and I want to go back to company A, what is the process.. do i need to be on their payroll for applying 485. If not, how late can I join them


Offer from company B is very good for my career and given how the market conditions are, many of my friends are advising to take it. I would really appreciate if you can guide me..Need to decide on this at the earliest before it slips out..

wandmaker
08-20-2009, 02:52 PM
My situation
Labor and 140 approved with PD in Jan 2008.
H1B- 6years expiring on Jan 27th 2011.

1) Can I use the 140 from previous company to get H1B extension

2) If yes, does the job description need to be same in company A and B since Iam joining as a senior BA in the new company and it was different designation in my old company. Iam OK with getting my GC process started from scratch... What is the criteria that H1B extension for 3 years going smooth.. job /salary/ exp etc matching LCA from previous company

3) I have very good relationship with company A and they are not going to cancel my approved 140. If dates become current and I want to go back to company A, what is the process.. do i need to be on their payroll for applying 485. If not, how late can I join them


Offer from company B is very good for my career and given how the market conditions are, many of my friends are advising to take it. I would really appreciate if you can guide me..Need to decide on this at the earliest before it slips out..

#1 - You can use A's 140 approval to extend your H1B for another 3 years as long as it is not revoked.
#2 - It is not mandatory to match GC job descriptions with B, it can be altogether a new petition and you have an option to port the priority date as long as 140 is not revoked.
#3 - You dont have to be on A's payroll to apply for 485, you just need a valid job offer (aka employment verification letter). In good faith, you must join the GC sponsoring employer A (if you decide not to process gc with B) with in reasonable time frame, (ie. at the earliest, not months though)

appani
08-20-2009, 03:19 PM
Thanks a lot for the reply.

I have some follow up questions

#1 Once the new H1 is approved from company B by producing approved 140 from company A, how does the transfer process to any other company( lets say back to company A) work if something gets screwed up.. this is just to prepare for the worst..

#2 For porting the date from company A, do we need have the same job roles and descriptions as in earlier LCA in the new company B?

#new For Perm application eligibility, what is the qualification.. New company B's job posting says Min of 3 years and Masters is a plus which I qualify as I have around 5+ years and masters. Does this meet Perm min reqs?

Thanks a lot ..

Regards

Hari