H1B transfer possibility after I-140 withdrawn


luck2u

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Experts, pls advise...here is my situation...

I completed 6 years of H1B period and currently I'm in 7th year.

I have I-140 approved with X company and got H1B approved for 3 years by Y company using X company's I-140. Lateron I came to know that X company had withdrawn my I-140 petition. Now, if I want to transfer my H1B from Y company to Z company, is it possible even my current I-140 is withdrawn by X company?

If not, pls let me know the options to switch employer as I came to know X and Y company both are in big risk in USCIS perspective and hence I'm planning to not have my H1B with either one of them.

Thanks inadvance!!

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If I-140 is withdrawn you can retain the priority date but you can not get H1B extension under AC21.

H1B extension under AC21 is given because you have a bonafide permanent job (I-140) for which

priority date is yet to be current. This job/i-140 need not be from same employer as the emlpoyer

seeking H1B extension. If I-140 is withdrawn, there is no bonafide job which you can join

once priority date becomes current.

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  • 4 weeks later...

Guyz, FYI I checked with my attorney and got confirmation that I can transfer my H1B to different employer though my existing I-140 has been withdrawn. And I came to know just today that one person got H1B approval for 3 years 2 months back though his I-140 was withdrawn.

NOTE: If I-140 got cancelled by USCIS after detecting some fraud issues by the employer (company), then you will not be able to transfer or extend your H1B petition.

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You may be giving a wrong impression. You have an approved 3 year H1 petition based on an approved I-140. The I-140 is now revoked as per you. The approved duration of H1 stands. If the I-140 was revoked prior to you getting a three year extension beyond the initial 6 years then you would not get a three year extension. It all hinges on the time of revocation related to the 3 year extension approval. Irrespective of the nature of the I-140 revocation three year extensions beyond the initial 6 are not possible after the I-140 is revoked.

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  • 1 year later...

All, am on a similar situation.  I had my I140 approved from employer A (PD - Jan-2012) in my 6th year of my stay in H1B. In Apr-2014, I switched to employer B from A and my H1B got approved until Apr-2017. Currently (Jun-2014) am in my 8th year of my H1B and employer B hasnt started my GC process yet. if I want to move now to a different employer C, will I get an extension until Jun-2017 or Apr-2017 ? Please note employer B hasnt started his GC process yet and my I140 with employer A is already withdrawn. Will I be even eligible for a H1B transfer?

Please advice.

Thanks.

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  • 1 year later...

Hi Srinath / luck2U ,

 

Can you folks please update the the group on if you were able to do H1 tranfers to third company and what drration of H1B validity you got? i.e.

1) Full 3 years even with the rejected I140.

2) or, pending duration of whatever was left to your 3 year H1 validity while transferring to second company. 

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Hello Friends/Srinath / luck2U,

 

I'm also in the same boat. Please reply if you have an answer? It is really helpful a lot.

 

1. Employer A (Approved I-140, H1B = 6+ Years)

2. Moved to Employer B (Based on approved I-140), got 3 years extension.

2. After 1 year come to know - Employer B denied to file GC process(LC and I-140)

3. Can able to move to Employer C?

 

Appreciate if anyone has an answer.

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@jk1: I did not transfer my H1B. But surely, you can transfer your H1B to different employer when I-140 is not withdrawn only i.e., I-140 should be active. You will get H1B validity based on the project/client letters (up to 3 years) you present to USCIS along with H1B transfer file, when transferring H1B to different employer with I-140 which is active.

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@luck2u, where did you get this info that we need active I140 for h1 transfer?? Is it confirmed and provided by legal? I read in different forums h1 duration received based on approved i140 stands.. Yes extension can't be received but transfer shouldn't be problem. Anyone else received any legal answer to this question? Please respond

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@luck2u, where did you get this info that we need active I140 for h1 transfer?? Is it confirmed and provided by legal? I read in different forums h1 duration received based on approved i140 stands.. Yes extension can't be received but transfer shouldn't be problem. Anyone else received any legal answer to this question? Please respond

 

 

Boogi srinath jk1, if you guys have got any answer or transferred h1 to company C (i140 withdrawn) please update this forum.

Even if I140 is withdrawn the H1B transfer will be approved till the date the actual H1B with current employer was extended.

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@sood16: When I checked with few Attorney's and also in many forums, I came to know that I-140 should be active for H1B transfer too. But always it is advisable to check with your new employer's attorney as each attorney's working style is different.

 

Good Luck and keep this forum posted!!

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Luck2u & Sood & guys,

 

I am in the same situation. My h1b was extended for 3 years beyond 6yrs with Employer A from July 14 to July 17 based on approved 140. After my 7th years, my new employer B filed for h1b transfer in regular in june 15, its still in processing as its in regular. Employer A is not replying to my call, I had requested him to keep my 140 active. If he has withdrawn, what will be likely result? Since uscis had already approved for 3 years and 2 yrs is remaining, will they honor those 2 years atleast for transfers? 

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Luck2u & Sood & guys,

I am in the same situation. My h1b was extended for 3 years beyond 6yrs with Employer A from July 14 to July 17 based on approved 140. After my 7th years, my new employer B filed for h1b transfer in regular in june 15, its still in processing as its in regular. Employer A is not replying to my call, I had requested him to keep my 140 active. If he has withdrawn, what will be likely result? Since uscis had already approved for 3 years and 2 yrs is remaining, will they honor those 2 years atleast for transfers?

Till July 2017.
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  • 3 months later...

Jairichi,

 

I was in same case and it is denied. I don't know exact reason we have not yet receive actual papers. below is details-
First H1B from Nov 2007 to 2010 
2010 Changed Job , Got Approved Lets Say Employer 'A'
2011 Employer A filed GC , I-140 details - Received date: Feb, 01/2012, priority date: July 22nd 2011.
On 2014 Found new Job and changed employer, base on Previous Approved I-140 got extension for 3 yrs i.e. valid upto Feb 2017.- Let say Employer B. Employer B has started GC Process which never came to I-140 level. Just advertisment on News Paper was done.
Employer A has revoked I-140.
On March 2015, New job offer. As per my current Attorney guidance as she said it is transferable I moved to new Employer C, filed regular process on July 2015 got RFE and asked additional documents like SOW etc. Responded within month. Employer B has cancelled everything after job channged to employer C.
Dece 2015 we have for Premium Process for H1B Transfer and got RFE to why to extend H1B as I have already consumed 6 years. 
As per my Attorney I should get it as she was very confident but just on March 8th got denied notice. 
It will be highly appreciate if you can evaluate and see what could be reason?

Your earliest reply is highly appreciable.
Thanks Much
Sadip

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  • 2 weeks later...

Hi I am exactly on the same boat, I-140 Revoked from employer A, I am with Employer B H1B Valid until 2018 Aug. I am trying to move to Employer C. 

Can Employer C TRANSFER my H1B with same validity (2018 Aug) ? or not ?

 

Could someone please respond its urgent as Employer C is in the process of H1 B petition filing.

 

Thanks in advance 

Krishna

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