balilanai Posted July 26, 2016 Report Share Posted July 26, 2016 My I140 was approved with my previous employer A a few years ago My current employer B has filed an I140 which is pending I am in the 8th year of H1B (valid for 2.5 more years) with current employer B. My H1B extension was approved recently based on having an approved I140 from previous employer A Questions: 1. Can I change my job from current employer B to new employer C and have C transfer my H1B, even though my I140 petition is pending with employer B? I will use the clause that I already have an approved I140 with my previous employer when I transfer and extend H1B beyond 6 years. 2. If my I140 with employer B is declined, my current H1B status is still valid for 2.5 years with the current employer, correct? 3. If my I-140 is declined with employer B, can I change my job from current employer B to new employer C and have C transfer my H1B? I will still have an approved I140 with my previous employer. Link to comment
balilanai Posted August 2, 2016 Author Report Share Posted August 2, 2016 Anybody? It is a fairly straightforward question Link to comment
pontevecchio Posted August 2, 2016 Report Share Posted August 2, 2016 1. Yes. "transfer" is a misnomer. It means a non cap H1 petition filed by another employer. 2. If you mean B, yes. 3. Yes. Even if the I-140 is revoked, the existing 2.5 years is yours. This is not so simple. Too many permutations based on your specifics. Link to comment
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