H1 Extension during Transfer on approved I-140

[anasur]

Hi,

Date: March 2015. 

 

I have an H1-B expiring Aug 2016 (final 6 year period). I have an approved I-140 with my current employee Company A and now have a job offer from Company B. Company B will only initiate my PERM process after 1 year of employment, i.e. April 2016. 

 

Ques 1: If I transfer my H1-B right now, can the transfer also be used to extend my H1 beyond the 6 year mark (for a 3 year period) right away based on my approved I-140. It's still valid till Aug 2016, so question is can it be extended right away?

 

Ques 2: If the answer is yes, what information will Company B regarding my current I-140 (from Company A) to ensure I get the extension approved along with the transfer? Receipt Number? File number?

 

Ques 3: If the answer is no, I'm assuming it is risky to switch jobs as Company A may withdraw the I-140 before August 2016 and I may not have any way to extend my H1-B status, correct?

 

 

[pontevecchio]

Forgetting all other things, if you have an approved I-140 you are eligible for 3 year extensions beyond the initial 6. This means you can get a H1 extension with B for a total of 3 years from now if they apply.

[ashuneel]

Q1. Yes. company B will get h-1B for 3 yrs if I-140 is valid at the time  of changing employment. There is nothing called transfer so that is wrong to use that word.

Q2. I 1-40 approval notice  or receipt number is sufficient.

Q3. refer 1.

[anasur]

Thanks pontevecchio and ashuneel - this is very helpful!