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Old 06-17-2008, 05:07 PM
gccovet gccovet is offline
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
06/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Apr 2008
Posts: 432
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Quote:
Originally Posted by Miya Maqbool View Post
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.

TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
__________________
PD:5/04 EB3-I. I-140 AP 5/2006. I-485 ND 7/07.
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