H1 transfer during 7th year of H1


dkm1368

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Hi, Can someone please answer my following questions.

 

I am currently in my 7th year h1 extn based on 140 approval & working for employer A. I got a job offer from employer B and they agreed to continue my Green card (GC) in same category and retain my Priority Date (PD) of employer A approved140.

 

1. Would employer B use 140 of employer A to get my new H1 transfer? Will USCIS accept old employer A's 140 to give new H1, if so for how many years I will get my new H1? And for subsequent extensions, can they still continue using old 140 or they need to get a new 140 of their own by the time of subsequent next extension through employer B

 

2. After H1 transfer, if for some reason employer B is unable to do GC as promised, can I shift to another emploer, say 'C' with 140 approval of employer 'A' ? will that employer 'A' 140 be still valid to H1 transfers/extinctions?

 

3. Employer B is under process of merging business with other firm, if the name of the employer B changes during merger and if my GC process has already been initiated by employer B at that time, will the new labor/140 of employer B become invalid if company name changes? 

 

Thanks,

Kumar.

 

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