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nrjmkl

H1B Transfer with a older employer I140

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I badly need some advice or guidance here.

  • I am in the 9th year of my H1B.
  • I had an approved I-140 with Company A. And after I-140 approval with Company A I stayed at that company for more than one and half year.
  • Then sometime in September 2016 I transferred my H1B to Company B and they promised to kick off my GC after 6 months of my employment with them. And my current H1B expires in September 2019

Now, unfortunately Company B went through layoffs in 2 consecutive years. Most recent being just few weeks ago and they had to let go people that carried same/similar title as I do. And to make things worse for me they are telling me that they cannot file my GC for at least another 6 months due to recent layoffs. Which is the same thing that happened last year. Now given this I have two questions

  1. Can Company B get an H1B extension using the I-140 I had with Company A.
  2. If I find another job lets say at Company C, can I transfer my H1B to Company C using my I-140 with Company A? 

Given the bad experience I had with my current company 2 years in a row I would desperately like to consider the second option but I am not sure if I can transfer my H1B to work for Company C with an I-140 that was approved with Company A.

Any thoughts or guidance will be deeply appreciated.

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1. Yes

2. Yes you can transfer to company C on the basis of approved I140 from company A. I myself did the same in Nov 2018 and H1b transfer is already approved. 

You can keep using I140 from employer A till your priority date is current. 

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You're H1B extension and H1B transfer has nothing to do with the I-140.  

You're Petition for extension/transfer has to do with your job and fulling requirements in relates to the Job but less concerned with I-140.  However, You have to make sure that old employer doesn't revoke your Labor/I-140 so that you can switch the GC process with new employer and port the Priority date from old labor application. 

 

 

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