I am in the situation where i have the Full time job offer and want to go from my current employer to direct client. Client is ready to transfer my visa and also if possible they want to claim the same priority date with previous approved I-140. I am in 4th years of H-1B and my I-140 was filed under EB3 category and its been now more than 180 days since it got approved.
My Questions are:
1) For new employer/client what are the procedure to claim same priority dates with previous approved I-140?
2) As recently USCIS announce that they will not process any application under premium process after April 3rd 2017. So if my new employer/client file H-1B transfer with regular process how soon i can start working?
3) Should H1 transfer and H4 application can file concurrent?
4) Let say if something goes wrong and my H-1B transfer filed under new client/employer get denied. Still my previous approved H-1B is valid? if yes can i still can work through previous employer?
Any help would be greatly appreciated.
1. You make the request in writing with a copy of the prior application.
2. If you are on an H1b and porting to a new employer, you can start work as soon as the new H1b is on file.
3. One can file an H1b and H4 at the same time.
4. If your prior H1b has not expired, and you are still working for that employer, you can continue working for that employer.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Question appropriate for detailed analysis and consultation.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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