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permand140

H1 Transfer on I140 Approval in less than 6 months

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Hi there,  Thanks in advance for your response. 

 

My 6Yrs on H1b is completing in Feb 2019. My I140 was approved 3 months ago (Less than 6Months). 

I want to change the employer but I have some questions.

  1. Is it required to stay with the current employer for 180 Days after I140 approved (Pls note that my 6yrs completing is in Feb 2019)
  2. First of all, with the above criteria, can I transfer my H1b to Company B. 
  3. If Yes, After joining the new company, what will happen if my current employer withdraw the I140 (Because it was approved 3 months ago only and my H1 6Yrs would be completed by that time). So It would be like I am working on H1 after 6Yrs without having Active I140 and withdrawn I140 was approved 3 months ago only

 

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If your employer withdraws the i-140 within 6 months of approval, you will not be able to utilize it to get approval beyond Feb 2019, if you decide to transfer.

It is highly possible that your employer would withdraw the 140 as soon as you move out.

In this situation, my suggestion is to wait until 6 months completion after approval and then looks for opportunities.

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If you will wait till approval and in best case scenario I assume you will get 3 years of H1b for new employer. 

After that if your old employer will revoke I140 your new employer will have to file it before your next extension. 

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16 hours ago, adshah84 said:

If you will wait till approval and in best case scenario I assume you will get 3 years of H1b for new employer. 

After that if your old employer will revoke I140 your new employer will have to file it before your next extension. 

That's not true. New employer need not file new before next extension. The same old 140 can be used until the Priority Date becomes current.

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3 hours ago, NotAnAttorney said:

That's not true. New employer need not file new before next extension. The same old 140 can be used until the Priority Date becomes current.

Please read carefully. I have mentioned that if his employer revoke I140 before 180 days. 

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