Joing new company with H1-B visa expiring soon and approved I-140


Recommended Posts


I have completed 6 years on my H1-B is US and my I-140 got approved in June, 2016. I am employed with Employer A on H1-b with my current H1-B expiring on 1st June, 2017. Employer A has already filed for extension and got receipt for it.

I got an offer from Employer B and they are asking to join on H1-B transfer receipt as Premium processing is suspended right now. Here are my questions -

1. What if Employer A revokes my H1-B extension after I join Employer B on transfer receipt?

2. Do employer B has to start with GC processing right away or they have to wait till my H1B transfer is approved?

3. What if Employer A revokes/withdraw my I-140?

4. What if Employer B's H1-b transfer request is denied. Can I re-apply for extension from Employer B and keep working for them?

5. If no to #4, how many days I can stay in US and look for new employer to file for H1B?

Link to comment

1. It does not matter since your new H1 is filed before the current I94 expiry date.

2.3. Nobody has to do anything. The timing is up to B and ideally you should get a 3 year extension oh H1with B and once that is done, subsequent I-140 revocation will not affect the three years.

4. Have you used two B'S here by error?

5. see 4.

Link to comment

Thanks for the reply.

#4. Not its not in error. I want to know that if by any chance my H1-b transfer gets denied - can i apply again through same employer and how long can i stay in US after denial?


Re- #2 & 3 - I want to confirm that i-140 revocation/withdrawal by Employer A would not affect my visa transfer and priority date as employer B wants to start GC processing after 6 months of employment


Link to comment


This topic is now archived and is closed to further replies.