Approved I-140 less than 1 month; H1B in 6th Year; Changing Employer

[PRARSHAR]

Hello,

I have approved I-140 that was approved in October 2018 and currently I am in 6th year of H1B. I have only 9 months left in 6 year Tenure. I have following questions.

1) In case new employer files H1B transfer, will I get new H1B approval till end of my 6 year tenure or beyond 6 years as I have approved I140 from previous employer?

2) In case H1B transfer is approved beyond 6th year and I join the new employer, but my previous employer cancels the I-140, then what will be my status? Because new employer doesn't have that much time in my case to process new I-140 by the end of my 6 years of H1B.

Kindly suggest.

Thanks

Prarshar

 

[pontevecchio]

1. As long as you have an I-140 approved with any employer, you are eligible for extensions beyond the initial 6 with any employer with no single period of H1 being more than 3 years at a time. Once such a H1 petition is approved, subsequent I-140 revocation still gives you the extension duration.

2. See 1. Also once the I-140 is valid for more than 6 months, you are entitled to further H1 extensions as in 1 till the PD of that I-140 is current./

[PRARSHAR]

Thanks