H1B Extension on Approved I140 not revoked by employer

[tsang]

Hi All,

My I140 was approved in Jul 2011 through Employer A in EB3 category. My H1B Visa is expiring in Mar 2012. I want to switch to a new employer B. My current employer A has agreed to keep the I140 for future and is NOT revoking it. My questions are:

1. Can I change employment at this point even if the new employer B is not filing a new Labor Application anytime soon? ( He may apply after 1 year)
   
2. Will my application for H1B transfer to Employer B also cover extension of Visa for 3 years based on approved I140 through Employer A?
   
3. Do I need any kind of letter from Employer A confirming that he will not revoke I140?
   
4. In case, my employer revokes my I140 after 2 month before my new employer B files for Labor, will I be out of status?
   

Pls let me know soon.

[tsang]

Pls someone respond to my queries. Thanks in advance

[redgreenbluee]

please consult a lawyer.

GC and H1 are separate applications. when you move to employer B, your new employer will apply H1 transfer.

having an approved I-140 makes you eligible to apply H1 extension beyond 6 years even from a different employer.

I-140 is employer's petition and they can cancel/revoke it any time they want,

you are in status as long as your H1 is valid, it has nothing to do with employer A revoking I-140.

Hi All,

My I140 was approved in Jul 2011 through Employer A in EB3 category. My H1B Visa is expiring in Mar 2012. I want to switch to a new employer B. My current employer A has agreed to keep the I140 for future and is NOT revoking it. My questions are:

1. Can I change employment at this point even if the new employer B is not filing a new Labor Application anytime soon? ( He may apply after 1 year)
   
2. Will my application for H1B transfer to Employer B also cover extension of Visa for 3 years based on approved I140 through Employer A?
   
3. Do I need any kind of letter from Employer A confirming that he will not revoke I140?
   
4. In case, my employer revokes my I140 after 2 month before my new employer B files for Labor, will I be out of status?
   

Pls let me know soon.

[pontevecchio]

1. Yes

2. Yes

3. No.

4. NO.. You would be in Valid H1 status.

Once you get a 3 year H1 extension based on the approved I-140 this extension stands even if the employer were to subsequently revoke the I-140.

[tsang]

I really appreciate your responses. Thanks

[kamy]

My 6 year of H1 is expiring in April-2012. I have six months left with my H1B expiry.

Can I apply for GC now.

Please advice me the way I can apply for GC and extend my stay in US

Thanks