H1B Transfer after 140 approval - Urgent help !!

[Leena4350]

Hello,

I am working for a company A and on 8th year of H1B ( current H1b is valid till 5/2017 and is based on approved 140 with PD 3/2011), I am planning to take a full time opportunity at a multinational financial client but they won't process my GC at least until an year but I was told that I will get 3 years of extension when I transfer my H1 now since I already have an approved i140.

- What happens if my current company revokes my i140 before new company starts my GC process or if I decide to leave before the new company starts my GC process ? Since I will have approval for 3 years from now through 2018, can I transfer my remaining 2 years to another company without having valid i140 (assuming current company revokes it immediately after I leave the company) or do I have to leave country?

- In case if I run into any PERM issues/delays with new company during GC process, what are my options (again assuming my existing i140 is revoked by current company)? If I have to go back to my home country and come back again on H1, will I be subject to cap?

- I read an article about i140 EAD could soon be a reality, if that becomes a law will that apply to me even if my current company revokes my i140? I am trying to understand if that amendment is purely going to be on approved 140 only or it might work even if I have revoked 140 along with 6 years completion of H1b? Basically, trying to weigh my options in case if that 140 EAD becomes a law before my new company applies for GC.

Thanks much for your help!

Leena

[jairichi]

1. You will have time till the duration for which new H1B petition is approved. Any stay beyond that will depend on having an approved I-140.

2. A PERM pending for a decision for more than a year will get you 1 year extension. Otherwise you either exit US and employer can file a cap subject H1B petition after you spent one year outside US or enter US after I-140 approval.

3. No comment on a rule that is speculative.