ssashraf
04-25-2011, 04:12 PM
I am planning to change jobs within the next 30 days and my I-140 is currently in process (filed October 2010). I have applied for I-140 premium processing last week and expect to have a response from USCIS by May 6 2011. My new employer is not sure that they can transfer the H1B since I have an I-140 in process with my current employer. The H1B with current employer expires on July 30 2011.
Question:
- Can I transfer H1B to new employer while I-140 is in process with current employer? Can the new employer file for H1B extension after transfer while current employers I-140 is in process? Current employer has confirmed that they do not withdraw the I-140 while it is in process or after it is approved even if employee leaves the job.
- Is it better to transfer H1B after the I-140 has been approved and once transfer is done, file for H1B extension right away? Can the new employer use the old employers I-140 to get a 3 year extension? I may not be able to wait for I-140 to be approved if there is a RFE since the new employer wants me to start within the next month.
Guidance will be greatly appreciated.
Thanks!
Question:
- Can I transfer H1B to new employer while I-140 is in process with current employer? Can the new employer file for H1B extension after transfer while current employers I-140 is in process? Current employer has confirmed that they do not withdraw the I-140 while it is in process or after it is approved even if employee leaves the job.
- Is it better to transfer H1B after the I-140 has been approved and once transfer is done, file for H1B extension right away? Can the new employer use the old employers I-140 to get a 3 year extension? I may not be able to wait for I-140 to be approved if there is a RFE since the new employer wants me to start within the next month.
Guidance will be greatly appreciated.
Thanks!