Change Employer after I-140 Approval before 180 days and new employer ready to start GC processing on Day 1.

[SRG007]

Hi All,

I need your assistance for my current scenario.

I am in 6th year of H1B with 140 approved around 1 month ago, still 5 months to get into safe zone. Got a good offer from Employer B, who wants apply my H1B under premium processing and start GC on Day 1 or atleast in week.

My questions are:

1.  As I have approved I-140 from Employer A, will Employer B's transfer gives me 3 year extension or only till my end of my 6th year ? 

2. Assuming my H1B is successfully transferred and got approval for 3 years ( Or good enough time to reach 140 stage before next extension) , if employer A revokes I -140 will it effect my H1B period after 6 years ( Assuming GC with Employer B still in processing)

3. What will be the safest step for me to be in GC Processing with Employer B if Employer A revokes 140?

Looking forward for your suggestions.

[adshah84]

I would suggest apply transfer in PP and mostly you will get H1b for 3 years (definitely depends upon documents and project if it's not a product company). Once you will get H1b approved resign from Emp A and after that it doesn't matter even if he will revoke I140. You will have time for 3 years(assuming you get H1b for 3 years) to get I140 approve from Emp B. 

[SRG007]

ADShah84 Thank you for your response. Will ask my new employer attorney about PP. Thanks again.