H1B transfer after 6 months of I140 approval

[Chandra247]

Hi,

I am in my 8th year in US on H1b and have an approved i140 which is beyond 1 year of approval. I have an offer and want to transfer my H1b. My concerns are:

1. Once my transfer is successful and I have extension of 3 years, should I initiate my Perm processing with the new firm or should I just continue extensions? (considering today's scenarios)

2. If I start new Perm, what is the risk of the new perm getting rejected? (I know of some i140 getting RFE)

3. If new Perm is rejected, what happens to my H1b status? Can i continue working for the new firm on the H1 and keep extending based on my old i140?

4. What is the possibility of my old i140 getting withdrawn by the old firm? (or any chances of it getting revoked?)

5. If withdrawn by my old firm, what happens to my existing H1b? Will I be out of status or the H1b validity still stands good? What about future extensions?

Thanks,

Chandra

[adshah84]

1) It's totally up to you. You can keep continue extensions until you see PD date is going to be current 

2) No one can predict this. It's 100% depends upon your role/company/documents and little luck 

3) You can continue working for the new firm on the H1 and keep extending based on your old i140

4) Not matters to you now unless your I140 gets revoked by USCIS because of fraud or something 

5) You can keep extending you H1b for 3 years until your PD date becomes current.  

[gopalakrishnach]

I feel you need to start new perm process with new employer but you can transfer your priority date from old I140.

I feel you cannot use old perm from old employer with new employer always. Old firm cannot withdraw I140 after 90 or some days

Please consult an attorney. These arte just my personal opinions

[Chandra247]

Thanks adshah84 for your precise answers to my points.

thanks gopalkrish for your comments too.

i will also consult an attorney and update the thread later.