H1B transfer after 6 years on h1b and I140 approved

[nirdes]

I140 is aproved and 6 years are already completed on H1B. Working with employer A on Extension after 6 years.

 

Now have an offer from employer B . 

 

1) Is H1B transfer procedure after 6 years completion same as doing it while 6 years are not complete ?

 

2) Are there any extra details I need to consider if doing H1B transfer after finishing 6 years and while working on extension?

 

Thanks in advance.

[jairichi]

With an approved I-140 you are eligible for 3 year extensions on H1B. Move to new employer after H1B extension approval as otherwise you risk current employer revoking your approved I-140.

[nirdes]

I agree. Lets say I am on extension , change employer and current employer revokes I140 . But new employer is ready to file PERM and eventually I140 before 3 years extension ends , in that case Will I be eligible to stay in USA ?

[jairichi]

I agree. Lets say I am on extension , change employer and current employer revokes I140 . But new employer is ready to file PERM and eventually I140 before 3 years extension ends , in that case Will I be eligible to stay in USA ?

Yes, if your I-140 with new employer is approved by then you can get 3 years extensions and stay in US.

[m_user]

Yes, you are eligible to stay. You need to start the GC process asap to be safe with new employer. Even if your previous employer cancels previous approved I-140, you can keep the PD. You should file the H1B on premium transfer as well as ask your employer to run the PERM process asap.