H1B extension due in Aug'17 and H1b Transfer


Dev501

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Hi All,

I have valid h1B visa till Aug 2017 with my current employer A. I got an offer with company B, they will be initiating my H1B transfer in couple of weeks(beginning May 2017). 

1. My I 140 application is still in process with Employer A. Do I need to wait until it is approved before transferring to the new employer?

1. Does 240 day rule apply to my new H1B transfer application? If so will I be able to work after 240 days?

2. what happens if my H1B transfer application is rejected(new employer) and my H1B application with my old employer expired?

Your opinions are greatly appreciated. Thanks in advance.

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  • 2 weeks later...

1. yes your new employer has to start fresh GC processlike PERM and once i140 approved your PD should be bale to port as previous one

2. If your new employer is very reputed and big company and if your are joining as FTE with no prior incidents with USCIS you can join based on receipt notice. If its a small consulting firm, i would not recommend to join anybody on receipt notice with the absence of premium processing.

your new company has to transfer and extension at the same time.

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