H1B 6 years expired, Approved I-140 -moving employers

[ronny321]

Hello,

Here is my situation and would really appreciate if some one can guide.

I'm working with employer A and have finished my 6 years of h1B, I have a approved I-140 and a Priority Date.  My h1B extension is also filed (waiting for approval). Now I have an offer from company B. Company B plans to get H1B for 3 years based on my Current I-140, my questions:

1) If I do take the offer, how long can I go without loosing my PD ? If Company B doesn't file my GC immediately.

2) Does Company B has to file my GC immediately as H1B extension is based on GC application.

 

Thanks,

 

 

[pontevecchio]

1. Ordinarily you retain the PD and so no time limitations.

2. Once the 3 year H1 extension with B is approved subsequent revocation of the I-140 by A does not matter and you still get the 3 years.