Job change after 7th year. Issues with joining a Startup?

[NeelVohra]

Hi,

I have the following situation.

I have an approved I-140 and Perm with Company A and am in the EB2-I category. I have a priority date of Nov 2009. I am on the 7th year of H-1B on the basis of approved I-140. I have a copy of the approved I-140.

I am getting a very good opportunity to join a startup company B.

As per the non-compete agreement at Company A, I cannot directly work for Company B ( being in a similar line of work ) for 6 months after leaving job at Company A.

As a result I will have to work in the interim for Company C before I could work for Company B. Company B will file H-1B transfer after 6 months.

Qestions:
- Can I move to Company C immediately on the basis of they filing an H-1B transfer using my approved I-140?
- Can I move to Company B after 6 months (they would be filing the H-1B after the non-compete period)
- Can I wait for a transfer to Company B for the Perm-I-140 to be filed or it has to be filed earlier?
- If Company A revokes the I-140 prior to filing and approval of the new Perm and I-140 by Company B, where does that leave me?
- Company B is a startup. Can they file a H-1B and Green card?

Thanks,
Neel

[redsox2009]

- Can I move to Company C immediately on the basis of they filing an H-1B transfer using my approved I-140?
Ans:- You can move to Company C and get 3 years extension.

- Can I move to Company B after 6 months (they would be filing the H-1B after the non-compete period)
Ans:- not sure what your contrcat says, so I cannot commnet on that.

- Can I wait for a transfer to Company B for the Perm-I-140 to be filed or it has to be filed earlier?
Ans:- Question unclear. Rephrase the question.

- If Company A revokes the I-140 prior to filing and approval of the new Perm and I-140 by Company B, where does that leave me?
Ans:- If company A revokes then you will lose your priority date. But if you have three years extension then you can reapply perm without an issue.

- Company B is a startup. Can they file a H-1B and Green card?
Ans:- This should not be an issue, but keep in mind start up companies might have to provide extra documentation such as tax/income documentation etc...

[NeelVohra]

- Can I wait for a transfer to Company B for the Perm-I-140 to be filed or it has to be filed earlier?
Ans:- Question unclear. Rephrase the question.

Thanks for the response. Clarifying my question:

Initially Company C would have to hire me and process an H-1B transfer where I would work for 6 months. Can I further transfer the H-1B to Company B after the contract period without either having filed a PERM and I-140 in this interim period? Company B would not want to perform any processing for me in the interim period. As the existing I-140 at Company A could have been revoked by now, would a new Perm and I-140 become a pre-requisite for transferring to Company B.

I think you have answered it already where you said that I will lose my priority date. Do correct me if I interpreted it wrong.

Thanks,
Neel

[immi2910]

Thanks for the response. Clarifying my question:

Initially Company C would have to hire me and process an H-1B transfer where I would work for 6 months. Can I further transfer the H-1B to Company B after the contract period without either having filed a PERM and I-140 in this interim period? Company B would not want to perform any processing for me in the interim period. As the existing I-140 at Company A could have been revoked by now, would a new Perm and I-140 become a pre-requisite for transferring to Company B.

I think you have answered it already where you said that I will lose my priority date. Do correct me if I interpreted it wrong.

Thanks,
Neel

I do not think you will lose your priority date even if Company A revokes the petition. When you file I-140 with Company B you can reclaim the PD. You loose PD only if USCIS revokes I140 due to fraud.

I agree with you, USCIS may deny your H1 transfer from company C to company B if I-140 has been revoked.

[immi2910]

Thanks for the response. Clarifying my question:

Initially Company C would have to hire me and process an H-1B transfer where I would work for 6 months. Can I further transfer the H-1B to Company B after the contract period without either having filed a PERM and I-140 in this interim period? Company B would not want to perform any processing for me in the interim period. As the existing I-140 at Company A could have been revoked by now, would a new Perm and I-140 become a pre-requisite for transferring to Company B.

I think you have answered it already where you said that I will lose my priority date. Do correct me if I interpreted it wrong.

Thanks,
Neel

I do not think you will lose your priority date even if Company A revokes the petition. When you file I-140 with Company B you can reclaim the PD. You loose PD only if USCIS revokes I140 due to fraud.

I agree with you, USCIS may deny your H1 transfer from company C to company B if I-140 has been revoked.