Strange Situation, Help Needed

[patiently_waiting]

Hi,

I came to US on Nov 2000 and have been in US in H1B Visa for the past 9 years.
My EB-3 India Priority date is 15 Feb 2004 and have approved I-140.(I also have the copy of Approved I-140.)

Since I was not married in July 2007, Missed the filing of I-485. So I do not have EAD.

My H1B is expiring on Dec 2010.

Currently, I have Permanent employment offer .

If I switch the Employer now,

(1) Do I get 3 year H1B extension during H1B Transfer ?
(2) Can I make use of 2004 Priority date during the filing of I-140 & I-485 ?

Attorneys & Experts, Please suggest whether it is a wise move to do transfer H1B during this time
based on my scenario ?

Thanks

[kanshul]

Yes you can get 3 year extension as long as employer does not withdraw 140.

You get to retain PD if employer does not withdraw 140 (in lawyers say you can keep it even if employer withdraws 140 so I am not sure)

[joydiptac]

Originally Posted by patiently_waiting

Hi,

I came to US on Nov 2000 and have been in US in H1B Visa for the past 9 years.
My EB-3 India Priority date is 15 Feb 2004 and have approved I-140.(I also have the copy of Approved I-140.)...
based on my scenario ?

Thanks

Hey if you have the option to wait it out in your current job that could be worthwhile. I hope you have read the other thread "H1B 6th year labor denied. Help!".
I haven't though the thread says it all. So if I were you and you have a choice and no EAD just sit tight for another year. Meanwhile if you haven't already, get married and be ready to file 485 if the chance suddenly presents itself. All the best.

[joydiptac]

If you haven't married already, you may consider marrying a US citizen, Jhanjhat hii khatam karo . (Problem is solved auto magically.)

[dilbert_cal]

Answer Inline

Originally Posted by patiently_waiting

Hi,

I came to US on Nov 2000 and have been in US in H1B Visa for the past 9 years.
My EB-3 India Priority date is 15 Feb 2004 and have approved I-140.(I also have the copy of Approved I-140.)

Since I was not married in July 2007, Missed the filing of I-485. So I do not have EAD.

My H1B is expiring on Dec 2010.

Currently, I have Permanent employment offer .

If I switch the Employer now,

(1) Do I get 3 year H1B extension during H1B Transfer ?
You should be able to get 3 year H1B extension during transfer using copy of the approved 140
(2) Can I make use of 2004 Priority date during the filing of I-140 & I-485 ?
Yes. You will have to restart your green card process from labor i.e. file a new PERM. At 140 stage, you will be able to reclaim your old 2004 Priority Date.

Attorneys & Experts, Please suggest whether it is a wise move to do transfer H1B during this time
based on my scenario ?
It is difficult to say whether it is a wise move or not without knowing details about you. But if you intend to do this move, ensure that you file your H1 transfer in Premium and do not resign your current job until the transfer has been approved. If the new company is not a consulting company , you should not have any issues. Even for consulting companies, it depends on what type of company it is etc.
Thanks

[patiently_waiting]

Thanks all .

[mk26]

Originally Posted by patiently_waiting

Hi,

I came to US on Nov 2000 and have been in US in H1B Visa for the past 9 years.
My EB-3 India Priority date is 15 Feb 2004 and have approved I-140.(I also have the copy of Approved I-140.)

Since I was not married in July 2007, Missed the filing of I-485. So I do not have EAD.

My H1B is expiring on Dec 2010.

Currently, I have Permanent employment offer .

If I switch the Employer now,

(1) Do I get 3 year H1B extension during H1B Transfer ?
(2) Can I make use of 2004 Priority date during the filing of I-140 & I-485 ?

Attorneys & Experts, Please suggest whether it is a wise move to do transfer H1B during this time
based on my scenario ?

Thanks

You will get 3 years ext if you have approved I-140 as mentioned by another member replied, but you need to have good faith on current employer so that he will not withdraw your I-140 till you file I-140 with new employer and port the priority date.
I don't see the situation strange though

[deecha]

Originally Posted by joydiptac

If you haven't married already, you may consider marrying a US citizen, Jhanjhat hii khatam karo . (Problem is solved auto magically.)

Lol :-) I couldn't help but laugh .... upto about five years back you had a 75% - 80% chance of getting a decent person as a wife in India, but nowadays it's hit or miss .. just like in the USA .. except that you're playing Russian roulette with your life. Too many selfish people out there.