transfering an H1b Visa

I found this at http://www.murthy.com/chatlogs/chat1206_P.html

Chat User : Hi. I am working on an H1B visa, 6 years completed and on 7th-year extension. The company has filed for my GC and the labor is still pending for the past 3 years in California. Is it possible to do an H1B transfer at this point?

Attorney Murthy : An H1B transfer is possible, under the USCIS guidance of August 2003, for another year based on the earlier LC filing. As long as the prior employer does not cancel the pending LC, H1B extensions are possible. If the employer cancels the pending LC application, one is no longer eligible for H1B extensions. In such cases, the safest course is to request that the new employer file a new LC application ASAP, by regular or premium processing to save time, in most cases, then request a start date a couple of months later, valid for one year with the new employer. This will enable one to obtain future H1B annual extensions based on the new LC filing with the new employer, since the new LC would have been pending for at least 365 days at the time of the next H1B extension.

So it looks like it would be possible to change companies. I would loose my priority date but the chance of getting a green card in the next couple years is about zero.

4 Responses to “transfering an H1b Visa”

  1. platofish says:

    I think the green card processing times are relatively short now (?). When I was in the process of getting mine, Sept 11 happened, and all applications were frozen for a long time – while the dept. of homeland security was formed, or something. I don’t know exactly. In the end, my application took about 4 years! I think now, 2 years is the ‘norm’.

  2. Ian says:

    Mine has been pending for over 3 years. From what I have heard they have improved the labor cert process by converting it to perm, but you still need a valid visa number before your i485 can be approved. For EB3 you can only file an i485 if your labor cert was filed before 15 MAR 01. You probably fall into EB2 “Members of the professions holding advanced Degress or Persons of Exception Ability”. With my 4 year bsc(hons) I get lumped into EB3 “Skilled workers, professionals,a nd other workers” 🙁

  3. Anonymous says:

    Yeah, i fell into the ‘professor/researcher’ category…..in the end, I don’t think there was any benefit. I didn’t need to be labor certified, but I did have to have a whole load of ‘confirmation’ that I had the credentials that I claimed. This probably took a couple of months less that labor certification – at best.

    C’est la vie.

    It is real nice when you come back into the US as a green card holder, compared to having a visa.

  4. platofish says:

    Yeah, i fell into the ‘professor/researcher’ category…..in the end, I don’t think there was any benefit. I didn’t need to be labor certified, but I did have to have a whole load of ‘confirmation’ that I had the credentials that I claimed. This probably took a couple of months less that labor certification – at best.

    C’est la vie.

    It is real nice when you come back into the US as a green card holder, compared to having a visa. I hated having to go through the ‘interview’ thing after a long flight.

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