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giljoscaria

Approved I-140 , bankruptcy and H1B Transfer

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Hi,

I am in a complicated situation.Any help would be appreciated.

I am currently working with company A on my 7th year of H1B .

My H1B is valid till 2016 based on the three year extension which I got using approved I-140 from the same employer(Company A).

Last month company got merged and now Company A does not exist anymore. A successor of interest Company B is enacted and layoffs are being announced.

I am curious what options I have if I have to look for another job .

1) Can I transfer my H1B to a new company with the approved i140 copy (but this company A doesnt exit anymore because of the merger)

2) Can I just file for H1B transfer without showing I140 copy but based on the approved H1B extension until 2016

Thanks in advance,

Joe

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The issue that may arise in bankruptcy is the ability to pay on the original I-140. But the ability to pay needs to be established at the time LC was filed. Your I-140 will need to be amended for B as successor in interest OR B needs to file a new I-140 for you. The second is preferable given potential issues with your old I-140. As far as H1 is concerned, you should not need anything to transfer the existing time on your approved H1.

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In general, one may use an approved I-140 to request a 3-year extension with a new employer. If the I-140 is revoked it can no longer be used for extensions. I agree that it might be best to have the new employer go through the PERM process again and file a new I-140, hopefully retaining the priority date of the prior I-140 if it is not revoked for cause.

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