Skip to main content

H1 transfer on 8th Year with EB3 approved I140 and EB2 approved PERM

Trenton, NJ |

Hi , I am on my 8th Year on H1 with an approved I140 from Company - A and 1 valid until 2015 . I got another offer from Company - B and they filed my PERM in EB2 and got approved in , Jan , 2013 . Recently I applied for H1 - B transfer in Premium and got a receipt notice with my Alien Number on it but the 15 day time period is over still it is showing under Acceptance stage . After the receipt notice I started working with Company - B . My last day with Company - A is a week after my H1B transfer receipt date . The Company - B also filed my I - 140 . What are my chances if Company - A withdraws my EB 3 I140 or revokes my current H1B ? How do I know if they take any action on my EB3 I140 or revokes my current H1B ? Please advice

+ Read More

Attorney answers 3


This is a kind of a situation when you would be best advised to seek out an immigration attorney i your area for a consultation. There are many in NY and NJ. You can always start from talking with your current employer's attorney. I would abstain from expression my opinion on the subject.; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


I agree with my colleague.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


If your H-1B petition with Company B was filed as premium processing, USCIS should adjudicate it within 15 calendar days. The USCIS on-line status system has been having some problems lately so it may not be the most updated information - your employer (or their attorney) should contact USCIS to get a status update about this case.

Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.



But in my case USCIS did not adjudicate with in 15 days. The Company B employer and thier attorney contacted USCIS for status update 3 days back no response yet.