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


Ritsimmi

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Hi,

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?

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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.

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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

 

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