3 ms·

The problem with a transfer is that you could "reset" the employment based green card process, putting you to the back of the queue, and adding several more yea

by ashayh 14y ago

The problem with a transfer is that you could "reset" the employment based green card process, putting you to the back of the queue, and adding several more years, and uncertainty to the process.

gdilla 14y ago
also most employers have no idea how to accomodate transfers. They're scared by any prospect of extra paperwork or even worse, consulting a lawyer. If the H1B holder was free to move about from job to job as easy as a greencard holder, then all indentured servitude and low wage abuse would cease overnight.
mavelikara 14y ago
This is not correct. If you have a GC petition under processing, and switch jobs by transferring the H-1B, at the new job you will have to start the GC processing all over again. Nonetheless, you can transfer the "priority date" (PD) from the first (abandoned) GC petition to the new one. This piece of misinformation cost me many years, so please don't spread it. I waited too long for the "right job" to come by and wasted many years. I could have started the GC petition at the first opportunity and transfered the PD as I switched jobs.
- deskamess 14y ago
  You can only transfer the Priority Date (PD) if you have got your I-140 done with the old company and you maintained the same classification when you filed your new labor certification (LC) with the new company (EB2 -> EB2, EB3 -> EB3 ok, but EB3 -> EB2 not ok). Your last two sentences are spot on... I am guilty of it too.
- ashayh 14y ago
  Thats why I use "could" in my post. As mentioned by another poster, you can switch jobs if the EB category stays the same. In that sense, you do have to wait for the "right-enough" job, where they employer is willing to agree to you categorize you in EB2 or EB1 if you have a PHd. In addition, companies/lawyers take their sweet time preparing paperwork. Which means: PERM application in process? Can't switch jobs from 3 months to a year or more. My PERM took > 1 year to be approved. Others I know took more time. A H1 transfer or PERM can also be autited for no good reason, and waste time for people. An audit will discourage people from switching. I140 in process? Should I switch and waste time invested in PERM? You can technically switch, but there is plenty of FUD to give people second thoughts.

by ashayh 14y ago

The problem with a transfer is that you could "reset" the employment based green card process, putting you to the back of the queue, and adding several more years, and uncertainty to the process.

gdilla 14y ago

also most employers have no idea how to accomodate transfers. They're scared by any prospect of extra paperwork or even worse, consulting a lawyer. If the H1B holder was free to move about from job to job as easy as a greencard holder, then all indentured servitude and low wage abuse would cease overnight.

mavelikara 14y ago

This is not correct. If you have a GC petition under processing, and switch jobs by transferring the H-1B, at the new job you will have to start the GC processing all over again. Nonetheless, you can transfer the "priority date" (PD) from the first (abandoned) GC petition to the new one. This piece of misinformation cost me many years, so please don't spread it. I waited too long for the "right job" to come by and wasted many years. I could have started the GC petition at the first opportunity and transfered the PD as I switched jobs.

deskamess 14y ago
You can only transfer the Priority Date (PD) if you have got your I-140 done with the old company and you maintained the same classification when you filed your new labor certification (LC) with the new company (EB2 -> EB2, EB3 -> EB3 ok, but EB3 -> EB2 not ok). Your last two sentences are spot on... I am guilty of it too.
ashayh 14y ago
Thats why I use "could" in my post. As mentioned by another poster, you can switch jobs if the EB category stays the same. In that sense, you do have to wait for the "right-enough" job, where they employer is willing to agree to you categorize you in EB2 or EB1 if you have a PHd. In addition, companies/lawyers take their sweet time preparing paperwork. Which means: PERM application in process? Can't switch jobs from 3 months to a year or more. My PERM took > 1 year to be approved. Others I know took more time. A H1 transfer or PERM can also be autited for no good reason, and waste time for people. An audit will discourage people from switching. I140 in process? Should I switch and waste time invested in PERM? You can technically switch, but there is plenty of FUD to give people second thoughts.