H1B extension using I140 from OLD employer

[Suriya123]

Hi All,

I have completed 7 years in USA and having an approved PERM/I140 valid till March 2020 from Employer A.
Now, I'm getting an offer from Employer B. Can anyone clarify the below questions which will help in taking the decision, 

1) I have almost stayed 1.5 years after I140 approval, still employer A can able to revoke my I140?
2) Employer B can able to file H1B extension using approved I140 from employer A  without starting the PERM processing again?
3) How many times, Employer B can able to file H1B extension using approved I140 from employer A?
4) At least, when employer B should start the PERM processing in my case?

Please advise
 

[NotAnAttorney]

1. He will be able to withdraw it, but would not restrict you to keep the priority date or to get extensions based on it from a new employer.

2.yes.

3.No limit, until the priority date is current.

4.there isn't a "atleast" here. 

[Suriya123]

Thanks for the details.

For Point 1 #  If the employer A withdraw the I140, we can't file for the H1B extension from Employer B correct?

Also, any documents we have to collect from the current employer before moving?

[NotAnAttorney]

Even if he withdraws Employer B could still file for extension, as the I-140 was untouched atleast for 6 months after approval.

[Suriya123]

Hi Team,

Thanks for all the clarification. Adding few more question to the above case,

I'm working for Employer A and Employer B is starting the H1b Transfer. As per the current wait time, the transfer is taking 3 to 6 months, so I'm waiting for the transfer approval before joining the Employer B. 

1) Joining the Employer B with short period left ( 6 to 8 months on I140) and they agreed for raising the extension after joining the company.  Please let me know is there any issue in this approach ?

2) How we will come to know if Employer A revoke the I140 ?

3) Once the H1B transfer is approved. How many days we can work with Employer A?

Please advice.

[Suriya123]

Hi Team.

 

Please verify the question and approve them for getting the update.