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Posted on 01 Feb 2011
Q.

H1B transfer after approval of 140 (485 not yet filed)

Hi Indu,

My current employer has filed for I-140 which was approved in Feb. 2009 (with PD of May 2008 in EB3 category). They also hold my H1B petition which is valid till Oct. 2012. Now my question is if I transfer H1B to another employer would I get an extension of 3 years based on prior I-140 approval? Would I get 3 years transfer even if my current employer revokes my approved I-140? Also, would I be able to use the earlier PD (May 2008) if new employer re-starts GC process (in EB2 category) even in case of I-140 revocation by current employer?

Appreciate your response in this regards. Please let me know if you need any other information from my side.

Thanks,
Arun

User's Location: New York, New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 01 Feb 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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