H1B Extension after 6 years - New Employer with old I-140

[Sarah19]

I need to understand a few rules before I switch jobs due to a recent layoff, I have an approved I-140 with current employer and I just got a verbal job offer with another company. Here are my questions: 1) Would there be a problem in extending/transferring my H1 to the new company (using my current I-140 since my 6 years will complete in March 2017)?

2) Should I make sure (request) my current employer does not revoke my I-140 after termination? 

3) If I get an extension for 3 years, would I able to work even if my I-140 gets revoked for some reason? This situation is just a scenario since my new employer's corporate policy doesn't allow them to start the GC process until after 1 year of employment. I just want to make sure if H1B extension still applies once approved, even if something happens with your I-140.

I appreciate any/all responses...thanks so much for your help.

[pontevecchio]

Based on an approved I-140 you are entitled to 3 year extensions which will include existing time remaining to finish the 6 years in total.

Once you get a 3 year H1 extension, subsequent revocation is immaterial to those 3 years and the 3 years stand.

Regular companies will usually not bother to revoke the I-140 in any case.

[Sarah19]

Thanks so much for your reply, that's very helpful.

[Sarah19]

Also, how long does it take to get the receipt after we start the process (minimum # of days)? I know we can start working as soon as USCIS issues a receipt. Just want to get a sense of the timeline between LCA filing and receiving the confirmation from USCIS.

[pontevecchio]

See if they will do PP. Join them on approval. If you are already let go the "transfer" may or may not happen meaning the H1 petition may be granted though without the I94. In that case you may need to leave and return on the H1 visa.

[Sarah19]

I have been given notice, my last day at my current job is November 30th. Would it still be a problem in that case? 

[pontevecchio]

If the new company files before you are let go or within a few days of that there is a good chance of the H1 petition being approved with an I94. No guarantees. Is there a problem applying for a visa if needed.?

[Sarah19]

6 hours ago, pontevecchio said:

If the new company files before you are let go or within a few days of that there is a good chance of the H1 petition being approved with an I94. No guarantees. Is there a problem applying for a visa if needed.?

 

 

6 hours ago, pontevecchio said:

If the new company files before you are let go or within a few days of that there is a good chance of the H1 petition being approved with an I94. No guarantees. Is there a problem applying for a visa if needed.?

 

No problem in applying for a visa, I wanted to avoid the trip while I am trying to relocate to the new place. I accepted the offer at the new company, they will start the process asap. Do you foresee any issues with a start date of Dec 12? I am hoping we will get the new receipt by 30th. My job at the current company ends on that day.

[pontevecchio]

It would seem that things are on track and you should be OK.

[Sarah19]

18 hours ago, pontevecchio said:

It would seem that things are on track and you should be OK.

Thank you!