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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?

stan1IV 04-30-2015 02:55 PM

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?

Quote:

Originally Posted by HCS (Post 3581774)
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


Hope you would have done this already, if not or for other looking.

We can get I140 approved copy from USCIS using FOIA. Google I140 FOIA.


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