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  #1 (permalink)  
Old 08-29-2009, 09:34 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
07/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Jul 2007
Posts: 14
vnandster is on a distinguished road
Default H1 Transfer in 7th year in a new field

Hi,

Background
========
I am in the 7th year of H1. I have EAD since last 2 years but have never used it. My labor is for the position of software developer.
My H1 extension expires in another 5 months. The current extension has not been stamped on my passport as I didn't travel out of the US in that period.
I am expecting to compete MBA from a US University in 12 to 15 months and I don't see getting GC in a long time

Questions
======
A)
==
Can I apply for a non IT position (say in accounting) in another company now and get a H1 transfer? Will the H1 transfer get me anotherH1 extension for 3 years?
If I get the transfer, can the new company apply for a new labor and 140 so that I could port my old priority date to my new application?
B)
==
Or should I get my H1 extended with the current company and then get it transferred? and then go for the new labor and 140
C)
==
If none of the above would work, is there any other way I could move to this non IT job in the US without getting into problems with my legal status here?

Thanks
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  #2 (permalink)  
Old 08-30-2009, 05:15 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Nov 2007
Posts: 691
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Default

Quote:
Originally Posted by vnandster View Post
Hi,

Background
========
I am in the 7th year of H1. I have EAD since last 2 years but have never used it. My labor is for the position of software developer.
My H1 extension expires in another 5 months. The current extension has not been stamped on my passport as I didn't travel out of the US in that period.
I am expecting to compete MBA from a US University in 12 to 15 months and I don't see getting GC in a long time

Questions
======
A)
==
Can I apply for a non IT position (say in accounting) in another company now and get a H1 transfer? Will the H1 transfer get me anotherH1 extension for 3 years?
If I get the transfer, can the new company apply for a new labor and 140 so that I could port my old priority date to my new application?
B)
==
Or should I get my H1 extended with the current company and then get it transferred? and then go for the new labor and 140
C)
==
If none of the above would work, is there any other way I could move to this non IT job in the US without getting into problems with my legal status here?

Thanks
you can transfer your H1 for 3 more years to a new employer, and they canf ile another LC and I-140.You should also be able to recapture the old PD (much easier if you have a copy of the I-140 approval).

The only risk in all this, is that you are presumably changing positions which are not compatible under AC21 rules. So if you get an RFE for employment verification anywhere in this process, it puts your current GC in jeopardy. If that gets rejected, the status of your H1 extension is a bit of a gray area per the law. Until now USCIS has been treating the H1 as independent, and leaving it as-is. However they dont have clear regulations on that so there is a tiny bit of risk there. However again, until now USCIS has not cared about this.
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  #3 (permalink)  
Old 09-02-2009, 01:50 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
07/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Jul 2007
Posts: 14
vnandster is on a distinguished road
Default Any inputs from lawyers?

Any inputs from lawyers?
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