New employer unwilling to offer me job even after approved I-140


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I am in 7th year of my H1b with approved I-140. My current H1B is valid till Mar-2017. Unfortunately USCIS didn't give me 3 year extension. I want to change my employer so I got an offer from a new company however they are stating that Mar-2017 is not enough time to apply file for new PERM. Is this true? My current employer will not revoke existing I-140 even if I change job. My assumption is that new employer will file for H1 transfer which might be valid for atleast one year and that will give me enough time to file new PERM. Please clarify how the existing H1b expiration date (Mar-2017) is coming into picture?

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  • 2 weeks later...

Your new company can file for new H1b based on your old I140 and if your new company has work for 3 years then they will approve h1b for 3 years. if not you will get in one year increments. They can start PERM any time, provided your I140 is valid or your current H1B has at least 1 year to 1.5 years of validity. 

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