H1B Visa Transfer & GC I-140 Transfer to a new employer

Hi Saurabh,

I am doing transfer of my H1B to a new employer B. My employer A is removing employees in a mass volume and my last day will be 10/23/2015. Employer A is one of the big companies in the US but right now their situation is not looking good. I am not sure about the H1B revoke that they would do?? and also, if it would on the same day as the last day for anyone?? But my question here is, what will happen if the new employer B takes some more time to get the H1B transfer approved and my H1B gets revoked. Is there a way I can stay within the country without going to India for stamping? Also, my husband is on a separate H1B working for a different employer here. Please give me some best options if you have any? Thanks!

Also, a question regarding my GC. I have I-140 approved now from my employer A (Approved date - 10/9/2014) and my priority date is April 2014. Is that the only way I can continue the same GC is to transfer to the new employer B? Or Can the employer A revoke that too? Or what other options do I have to be successful in this situation regarding my GC as well? Thanks again!

Expecting your responses eagerly. Thanks!

If B can apply for H-1 transfer before your last day w/ A, you can start working for B even when the transfer is pending. You can continue to work for B while waiting for H-1 approval. Does your husband has his I-140 approve? Will you be eligible for H-4 EAD if filed?

B will have to file a new PERM application and then port the priority date of A. I think this can happen only while A’s I-140 is still approved.


Thanks for your response! My husband doesn’t have I-140 or GC started with his employer yet. So, I won’t be eligible to apply for H4-EAD application. I got an update from employer B saying that my LCA will be approved this week and they will be applying by H1B transfer starting 10/19 under premium processing. So, they want the H1B to be approved to begin my work with them. So, they tentatively gave 11/2/2015 as the approval date which is same as my offer start date. Will I need to worry about if 10/23 I am going to be relieved from employer A and my application is still under processing with employer B?

Also, regarding my GC port from A to B, should I let my current employer A know about holding my GC & I-140 until I get it transferred to B or will that create a problem? Just an advice is required. Also, if my employer B says that they can only do EB3 processing while I got my I-140 approved with EB2 from employer A, can they still port my priority date to EB3 (India) and I can later on change to EB2?

Another option that I am thinking is, can I apply for H4 of my husband’s for the time being until I get my H1B approved with B? and once it’s done, I can cancel H4? This is between 10/23 to 11/02 (approval date)?

Usually a break of 1-2 weeks b/w jobs is ok as a person may decide to take a vacation in b/w etc. Beside, your transfer petition would already be in process by the time you leave A. So I think it should be ok. Still check w/ B’s attorney.

If you are still at good relation w/ A, you can talk to them about GC. The company doesn’t gain anything from withdrawing approved I-140 and they may also want to end the relationship cordially by not withdrawing it.

Yes, B can file for EB-3. I think PD can still be ported if they are in different EB categories.

It will be difficult to get H-4 approved. You will have multiple petitions in play. H-1 transfer, and H-4 COS. I think based on my initial response, you should still be ok as you will have pending H-1 transfer. Complexity will arise if B’s petition gets denied.

Thanks a lot Saurabh! I will keep you posted if I have any other queries.