Transfer of h1 after I-140 Approval

[hebron]

My question is related to the original post by KRAZYRAN.

My labor and I-140 is approved. I'm on 7-th year H1 now. I have not yet applied for 3 year H1 extension. If the present employer lays me off, would I still get 3 year H1 extension from a new employer based on my approved I-140?

Thanks!

Originally Posted by krazyran

Hello all
I dont know if this question has been posted before. if so i apologize for duplicating. I am currently in my 8th year of H1 because of pending GC process. I have my labor approved and am waiting for my I-140 to be approved.

AFTER my I-140 IS APPROVED-
Can i transfer my 3 year H1 extension to another employer and restart the GC process with the new employer?
I filed on EB-3, but i am now eligible for EB-2. If i can transfer my H1 can i file different?
Will i be able to use the priority date used on my earlier filing?

I have tried to read through a few documents on immigration but i am confused whether i am eligible for a transfer to a new company after i have a 3 year extension on my h1 after my I -140 approval.

Any help is appreciated.

Thanks!

[gc_chahiye]

Originally Posted by gc_rip

In that case, is there a reason the employer can deny the copy of I-140? If the employee transfers the H1B with I-140 approval, can the previous employer still use the associated LC for other beneficiary candidate?

Thanks,

yes, you are not entitled to a copy of the I-140, its upto your employer. people have been denied the copy and have tried contacting USCIS on their own etc, and nothing has worked. They get stuck.

the previous employer can still still substitute the LC (they just need to revoke the I-140 first).

[krazyran]

Maybe i am the one not understanding, but after my I-140 is approved and i get a copy of the I-140 and the approved labor and also the 3 year extension and suppose i get the extension stamped on my passport, can i then transfer my H1 to another company, even though i have completed my 6 years and i only got a 3 year extension because of my pending green card?
from the posts i think you guys have answered to my other questions of using the priority date of my old I-140.
Thanks guys.

[skark]

Here is a link from Murthy's forum where attorney replies to a similar question.

http://murthyforum.atinfopop.com/4/O...2&m=9991063041


It would be great if someone that has good knowledge or has access to a competent attorney answer the following

1. If I have approved labor and I140 and a pending 3 yr H1 extention can I change employers?
2. If I have approved labor, I140 and a 3 yr H1 extention can I change employers?
3. if yes to 1 or 2 then can I retain PD?
4. if yes to 1, 2, and 3 under what cirumstances can my PD porting be denied?
5. Worst case and Best case scenarios for 1,2,3 and 4.

This is a very convoluted topic with everybody interpreting whatever law there is differently!

[ramaonline]

ac21 allows portability during the 3 yr h1 extn period - u can change employers and work for a co that is different from the one filing ur 140