H1B Transfer after extension received beyond 6th Years

[RG5001]

My 6 year terms on H1B will expire in Mar2015. I have received another 3 years extension (till Mar2018) recently based on the approved I-140 from my current employer company A.

- Now can I change the job to company B, based on this extended H1B beyond 6 years, that I received because of Permanent residency filed by current employer?

- If I transfer my H1B to a new employer, will my H1B be cancelled since I received it based on the permanent residency filed by my current employer?

- Can I still maintain the priority date?

[jairichi]

1. Yes.

2. Your old employer will have to revoke your H1B petition once you leave them. Nothing to worry about that.

3. Yes.

[rahul412]

Yes

[kamalrb]

I am in a similar scenario but i have one additional question. I will appeciate if any any one can answer me.

 

My 6 year term on H1B will expire in JUNE2015. I have received another 3 years extension till June2018 recently based on the approved I-140 from my current employer company A.

 

Now i am being offered a job with new company B. This new company HR told me that i can start working for them once i receive the H1B transfer receipt.

 

My question is what if my current employer revokes both my H1B and I-140 before my H1B is approved with company B?

Will USCIS consider my H1 petition for approval. Will i be on status?

[mmohankr]

My first Emp A filed my H1 in 2012 valid until April 2015. Second Emp B filed my H1 in 2013 valid until 2016 April. Is it feasible and valid legally to jump from Emp A to Emp B before my H1 expires with Emp A - April 2015?

[mmohankr]

And I am planning this only because Emp A is not filing GC while Emp B is. 

[jairichi]

I am in a similar scenario but i have one additional question. I will appeciate if any any one can answer me.

 

My 6 year term on H1B will expire in JUNE2015. I have received another 3 years extension till June2018 recently based on the approved I-140 from my current employer company A.

 

Now i am being offered a job with new company B. This new company HR told me that i can start working for them once i receive the H1B transfer receipt.

 

My question is what if my current employer revokes both my H1B and I-140 before my H1B is approved with company B?

Will USCIS consider my H1 petition for approval. Will i be on status?

Better get H1B petition processed as premium processing. Join new employer only after approval.

[jairichi]

My first Emp A filed my H1 in 2012 valid until April 2015. Second Emp B filed my H1 in 2013 valid until 2016 April. Is it feasible and valid legally to jump from Emp A to Emp B before my H1 expires with Emp A - April 2015?

 

 

And I am planning this only because Emp A is not filing GC while Emp B is. 

As long as you have not completed the max allowed stay of 6 years on H1B employer B can file a cap exempt H1B petition and you can join after approval.

[mmohankr]

Emp B had filed for cap exempt H1B in year 2013, but I hadn't moved but I am planning a move now. I don't think I would need to have them file a new H1B.. except that they would have to file a new LCA. Correct?

[jairichi]

Emp B had filed for cap exempt H1B in year 2013, but I hadn't moved but I am planning a move now. I don't think I would need to have them file a new H1B.. except that they would have to file a new LCA. Correct?

It is wrong from employer B's part not to revoke H1B petition when you have not joined them. If the petition is still active you can join employer B. A new LCA is required when there is any change in job location.

[rahul412]

Emp B had filed for cap exempt H1B in year 2013, but I hadn't moved but I am planning a move now. I don't think I would need to have them file a new H1B.. except that they would have to file a new LCA. Correct?

If you have never joined B and they have a valid H1 for you, then no need of new H1 or new LCA in order to work.

[mmohankr]

If you have never joined B and they have a valid H1 for you, then no need of new H1 or new LCA in order to work.

Thanks Rahul. If the location of the employment with Emp B is in completely new location from when they sponsored back in 2013, I believe they may have to file a new LCA??? Also, Emp A is in a completely different location not related to either of the two above

[jairichi]

Thanks Rahul. If the location of the employment with Emp B is in completely new location from when they sponsored back in 2013, I believe they may have to file a new LCA??? Also, Emp A is in a completely different location not related to either of the two above

Yes and a H1B amendment. Better to have both done.

[rahul412]

Thanks Rahul. If the location of the employment with Emp B is in completely new location from when they sponsored back in 2013, I believe they may have to file a new LCA??? Also, Emp A is in a completely different location not related to either of the two above

Then you need H1 amendment, not just new LCA.

[roxrox]

I am in a similar predicament or i guess much worse coz I am now on my 6th year for H1-B and will expire on September this year and my employer got me a certified LCA then applied for the approval for I-140 but USCIS requested for RFE but employer withdrawn the application coz she did not want to continue the process coz she did not seem to have enough income in the financial books that would back up the application.  Can I transfer my H1-B to another employer and have them process my PERM?

[kamalrb]

Guys,

 

Here is the update for my situation. The full time client company has finally offered me the job but is not able to do premium processing of the transfer as the facility is temporarily suspended.

 

My Background:

I have an approved H1b petition extended for 3 years beyond 6 years based on an approved I-140 from my current employer. Now i am being offered a full time position with a reputed and big company. I may have to start working for my new employer based on H1b receipt notice (as premium process is suspended temporarily). Is it safe to start working for them on H1B receipt notice? What if my current employer revokes my approved I-140 after i join the new company before the H1B is approved? Would the extension/transfer go through? What are my options in that case?

Please let me know your views.