Legal Question in Immigration Law in North Carolina
H1 Transfer after I-140 Denail
I have an approved H1 till 06/22/2009 and my I140 is denied a week ago. Can I transfer my H1 to a new employer for the remaining period of time? Also, what are my chances of getting an EAD before 06/22/2009 if I file a new GC application with the new employer. I will appreciate any answers. Thanks in advance.
2 Answers from Attorneys
Re: H1 Transfer after I-140 Denail
It depends on the reasons as to why your application was denied, you will need to contact an attorney, the one who filed your application for more details
Re: H1 Transfer after I-140 Denail
Hi,
You may transfer you H-1B to another employer. However you should consult with an immigration attorney prior to doing so to determine whether or not you need to file a "new" h-1b based on a material change in employment or if your job function at your new employer is the same as your current employ.
As long as you are working in the scope of your H-1B, you do not need an EAD. If you leave your current employer, transfer your H to your new employer and get your labor certification, the time it will take to obtain your EAD will depend on the employment category you choose to file under and your country of nationality as to whether or not you can file your adjustment of status and therefore your employment authorization.
Please consult with an immigration attorney before engaging in a course of conduct.