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satyab.2002

H1B transfer after 6 years of H1B

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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?

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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

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