Question: H1 change after Labor approval

[Appu]

Could you all please give me an opinion on this situation? I am trying to ask my lawyer, but I won't know for a few days and this is disturbing me a lot!

I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?

[fromnaija]

Originally Posted by Appu

Could you all please give me an opinion on this situation? I am trying to ask my lawyer, but I won't know for a few days and this is disturbing me a lot!

I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?

Let your lawyer confirm this: Get your I140 approval, if possible by using premium filing. File for a 3 year H1 extension. After extension, transfer H1 to new employer. Start GC process with new employer but maintaining your PD since your old employer aill not revoke your I140.

[Appu]

Thanks for the response!

Once I get the I-140, can I directly apply for the transfer and get the new H1 for 3 years instead of extending the current one first?