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-   Priority dates transfers and Post 140-approval options (https://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/)
-   -   H1B Transfer after I140 Approval (https://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/2033995-h1b-transfer-after-i140-approval.html)

PrinceVA 03-17-2011 01:12 AM

H1B Transfer after I140 Approval
 
Hi Folks,

I want to know if I can transfer my H1B after my I140 approval. Can I retain the same PD?
Enough of this employer, making me feel like I am the biggest sinner in this world being on H1B visa.

Saw the true colors in a week I came on bench, was on project for 5 yrs.

Anyone has tried this ? I am on EB2 and 140 approved in 2008.

I just got a new project and PO. Can I transfer with that ?

Can I retain the PD same ?

Please let me know. Thank you.

PrinceVA 03-17-2011 04:40 AM

It is more than 2 yrs I got my 140 so can my employer cancel my I140 ?

I heard that I140 is belongs to a person and not a company, so does that mean that after getting 6 months of your 140 approval, you can leave your employer and your employer can not do anything in that, I mean rejection of I-140.

Please advise. Its tough to work with my current employer now.

smuggymba 03-17-2011 08:57 AM

I posted a similar question and it's confirmed that you can retain your PD even if 140 in cancelled. You can't retain the PD in case of fraud.

PrinceVA 03-17-2011 11:51 AM

Can someone help me defining FRAUD here ? I just want to transfer my H1B visa to another employer with my I140. Wat FRAUD can I do here ?

smuggymba 03-17-2011 12:15 PM

Quote:

Originally Posted by PrinceVA (Post 2442471)
Can someone help me defining FRAUD here ? I just want to transfer my H1B visa to another employer with my I140. Wat FRAUD can I do here ?

no need to worry buddy. Fraud here means if u got your 140 based on false info etc., which is not common.

Just transfer ur visa > Apply PERM from a new comp > When 140 filing time comes, have the lawyer use ur old PD.

U don't transfer 140...u just transfer H1 > u can then later use ur old 140 even if has been cancelled (for all reasons other than fraud)

sk.aggarwal 03-17-2011 01:22 PM

Quote:

Originally Posted by PrinceVA (Post 2442471)
Can someone help me defining FRAUD here ? I just want to transfer my H1B visa to another employer with my I140. Wat FRAUD can I do here ?

I believe fraud in this context is something USCIS finds out to be done by employer or by you. Say fake documents. I think this is very rare.

SGP 03-17-2011 01:54 PM

You can file for H1B transfer with new employer right away. Make sure you have a copy of approved I-140 from old employer. This will help you porting your PD with new employer.

I presume you have not filed for your I-485 (AOS) yet, so please bear in mind you will have to start PERM all over again. Once PERM is approved you will have to file for I-140 & at that stage you will need the copy of approved I-140 to be attached to the application so that you get to retain your old priority date.

Good Luck.
________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey
(see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

Quote:

Originally Posted by PrinceVA (Post 2439964)
Hi Folks,

I want to know if I can transfer my H1B after my I140 approval. Can I retain the same PD?
Enough of this employer, making me feel like I am the biggest sinner in this world being on H1B visa.

Saw the true colors in a week I came on bench, was on project for 5 yrs.

Anyone has tried this ? I am on EB2 and 140 approved in 2008.

I just got a new project and PO. Can I transfer with that ?

Can I retain the PD same ?

Please let me know. Thank you.


PrinceVA 03-17-2011 09:55 PM

Thank you All.
 
I was really scared so much but now cant work with this employer. they suck, suck, suck, show attitude, hard to reach, not good marketing team, still taking over 35% from your pay cheque, change their policies every 6 months and after working for 5 yrs, you come on a bench, and they give you 1 month to look for a project or will cancel your visa.

done with this guy now.

Thank you All,

paragupt 04-30-2013 04:48 PM

H1-B transfer with 140 approved, and H1-B on RFE review status
 
Hello,

I am working in a company 'X' which is taken over by another company 'Y'. My 140 is approved by 'X' 6 months back. During the transfer of visa from company 'X' to company 'Y' I got an RFE and company sent its response which is in a review state. Now I want to change the company to 'Z'. Is it possible to transfer my H1-B without any risk or should I wait till it is transferred and approved? Any suggestion is highly appreciated.

Thanks,
Para

pgasri 05-01-2013 01:14 PM

I have a approved I140 in EB3 with PD 2008. Now, I have got a better offer with better position (Senior level position) h1-B transfer also approved. New employer will be filling my GC after 3 months, however I am little concerned.

Is this a good decision to take this offer at this stage. (especially we are waiting for this immigration bill to pass by end of this year). My concern is, I need to go through labor and 140 again, so not sure how this new bill will impact new GC cases.

I know you can't decide for me.. but any suggestions / points ?? :)

pgasri 05-01-2013 01:19 PM

Any suggestion
 
I have a approved I140 in EB3 with PD 2008. Now, I have got a better offer with better position (Senior level position) h1-B transfer also approved. New employer will be filling my GC after 3 months, however I am little concerned.

Is this a good decision to take this offer at this stage. (especially we are waiting for this immigration bill to pass by end of this year). My concern is, I need to go through labor and 140 again, so not sure how this new bill will impact new GC cases.

I know you can't decide for me.. but any suggestions / points ?? :)

abhi_2753 08-19-2013 11:33 AM

140 approval missing
 
I am working for company A for last 4+ years. My 140 is approved & recently got 3 years of extension based on 140( after 6 yr completion). I want to transfer my H1 to company B.
I dont have 140 approval with me but I have 140 # with me.

Question - while H1 transfer do I need to have 140 approval or 140 receipt# is sufficient?

abhi_2753 08-20-2013 04:15 PM

140 approval missing
 
Quote:

Originally Posted by abhi_2753 (Post 3576186)
I am working for company A for last 4+ years. My 140 is approved & recently got 3 years of extension based on 140( after 6 yr completion). I want to transfer my H1 to company B.
I dont have 140 approval with me but I have 140 # with me.

Question - while H1 transfer do I need to have 140 approval or 140 receipt# is sufficient?

Experts...could any one help me with this. Thank you in advance

HCS 05-25-2014 12:33 AM

For porting of PD do I need to have 140 approval or 140 receipt# is sufficient?
 
Abhi,

I'm in similar boat. Did you get any response here or from other sources?
Can you pl share whether you could port date with only I-140# or not?

Thanks for your time
,HCs

stan1IV 04-30-2015 02:53 PM

Quote:

Originally Posted by SGP (Post 2442986)
You can file for H1B transfer with new employer right away. Make sure you have a copy of approved I-140 from old employer. This will help you porting your PD with new employer.

I presume you have not filed for your I-485 (AOS) yet, so please bear in mind you will have to start PERM all over again. Once PERM is approved you will have to file for I-140 & at that stage you will need the copy of approved I-140 to be attached to the application so that you get to retain your old priority date.

Good Luck.
________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey
(see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

Thanks for the info.

But I have a question regarding your 2nd I140.
Is that porting from EB3 to EB2 and what is that RFE for?


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