H1B transfer after 6 years of H1B


Recommended Posts

Hi All, 

 

Need some help on H1B, I-140 immigration rules, could you please let me know on the below queries.  

 

 I have I-140 approved from Employer A with Priority Date of Sep 2011. Completed 6 years of H1B and current H1B is  on I-140 basis.
Right now I am planning to resign Employer A and join Employer B. Once I resigns, Employer A (current employer) will withdraw his I-140 immediately.

 

Questions are:


1. If the I-140 is in approved state for more than 180 days and then if the Employer A tries to withdraw it, 
then will the USCIS not revoke I-140 and the beneficiary will be able to do H1 Transfer/Extension without any problem with the new Employer B. Is this rule currently in effect as of 2017?

2. Once H1B is transferred to Employer B, Does the PERM and I-140 process start all over again?

3. If the above rule 1 is in effect and if he changes from Employer A to Employer B and, if Employer A withdraws approved I-140 and the Employer B hasn't filed for PREM and I-140, 
can I still change to Employer C? Will the H1B transfer to Employer C has any affect due to the I-140 withdrawal from Employer A?

4. If Employer A withdraws I-140. Even If the GC process starts with Employer B or Employer C, will I be able to keep the Priority Date?

Link to comment

1. Priority Date retention has always been possible even if the I-140 were to be revoked. This means the PD remains yours for a new employer to start from PERM, I-140 ....

2. Yes. You are eligible for a three year H1 with the new employer beyond your initial 6 years based on an approved I-140.

3. If you get a three year extension of H1 beyond the initial 6 based on an approved I-140 and the I-140 is subsequently revoked, these three years stand and with any number of H1 petitioners.

4. Yes

Link to comment

Archived

This topic is now archived and is closed to further replies.