H1B transfer on approved I140,

[kumar1224]

Hello Everyone,

I am working on H1B for company A from June 2011, they have filed my GC and I got approved I140 in Jan 2013, with my priority date as June'2012, currently I am on 10th year of H1B extension, I am extending my H1b based on approved I140. Recently I got new opportunity from company B, they are ready to do transfer of my H1B based on approved I140. But if I leave company A, they are going to immediately withdraw my I140. As there is no Premium for H1B, company B is asking to work on receipt. I know that as it is more than 180 days I have an approved I140, so that I can use the priority date for my future GC filing by company B but I had heard that if company A withdraws I140 before my H1B transfer to company B is approved, I will be out of status. 

Can any of you please confirm this. If it is the situation then I have to beg company A not to withdraw my I140 until my H1b transfer is approved. 

Please reply ASAP. 

[adshah84]

There is no issue here even if employer A withdraw you I140. You will not be consider out of status. 

Even if Employer A withdraw I140 you can transfer from Employer B to C to D until your PD will be current. 

[stepan69]

Does that mean that employer B does not file a new I 140 they can keep extending my H1B based on the i 140 filed by employer A till my date becomes current?

[pontevecchio]

Yes until they change the rules again hopefully not retrospectively.