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pod1
06-16-2009, 05:48 PM
Hello Everyone,

Here is my situation:

1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.

What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?

I am really confused. Please help.

burnt
06-16-2009, 06:13 PM
I just changed my job from a consulting position to a full time position.

Got my H1B transferred and I will be filing AC21 in a few weeks from now. I don't have my I-140 approval with me. My company lawyer says there is no issue, and I am all set

jsb
06-18-2009, 03:38 PM
Hello Everyone,

Here is my situation:

1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.

What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?

I am really confused. Please help.

(1) You can transfer your H1B for company B up to Sep 2011, but cannot extend it.
(2) Assuming you have not filed your I-485, you can not use labor/I-140 of company A. A fresh Labor and I-140 will be required.
(3) Priority date will be ported from your original application with company A