Hello Everyone,

I have a question regarding H1B transfer and hoping to get the answers from the Sajha members. I am working on H1B visa and my employer (company A) has also filed I-140. I want to transfer my H1B to company B. Now company B wants to know whether there has been Labor or I140 filed on my behalf. Since my answer is yes, will this effect my H1B transfer?Will my Labor and I-140 be dismissed/witheld if I no longer work for company A?

Your answers will be highly appreciated.

Thanks!

Yes, your existing petition for I-140 through company A will be automatically dismissed as you transfer your H1B to company B. You have following options:

1) Transfer to company B and start all over again with your labor certification and I-140

2) Continue to work with Company A until after it passes 6 months of filing of I-1485 (not I-140). You can switch jobs/companies without jeopardizing your GC process if it has passed 6 months after you have filed I-485. 

Hope this helps..

Thanks a lot Bhasmasur!

Do some research, It might not be so. As the I-40 is for future employement, your H1B status has nothing to do it. Your Labor or I-40 application is valid until your current employer withdraws it. Only thing is you will have to work for the company A, when u get the I-40 approved and u get work permit. Little research, or a call to an attorney will help.