MBATechGrad Posted March 28, 2017 Report Share Posted March 28, 2017 Dear All, Request clarification regarding changing employer twice after I-140 approval? Details- I already have I-140 approval from Employer A with priority date Jan 2015. Employer B has done H1B transfer with validity period till March 2020 (3 year extension based on existing I-140 approval). They have also committed for GC and PERM filling after 6 months. Company A plans to withdraw existing GC petition 3 months after end date of employment. If Employer B doesn't file GC in 6 months and existing GC petition is withdrawn by Employer A, Can I transfer H1 petition to another employer (employer C) after 6 months? I am OK that total validity will only be two and half years with no change in end date (March 2020). Understand that approved I-140 is required for H1 extension, so hope H1 transfer to another employer C can be done even if I-140 is not in system?. Please advise. Appreciate it. A Link to comment
pontevecchio Posted March 28, 2017 Report Share Posted March 28, 2017 Once approved the 3 year extension based on the I-140 is applicable even if the I-140 is withdrawn. Link to comment
MBATechGrad Posted April 28, 2017 Author Report Share Posted April 28, 2017 thank you pontevecchio. Appreciate it. Just to confirm - it means that H1 transfer from employer B to C can be done though employer A has already withdrawn previous I-140 petition? In this case total duration will be less (3 years - time spent with Employer B) but validity period continues to be Mar 2020. Please confirm if my understanding is correct? is there any USCIS guidance that can be shared. A Link to comment
pontevecchio Posted April 28, 2017 Report Share Posted April 28, 2017 Yes. This has been the practice. Maybe search the firm website for previous articles? Link to comment
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