H1 transfer based on approved I140


abhizen0

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I came to US in Feb 2013 on H1B and my I140 was approved in Sept 2015. My H1 extension was filled in May 2018  (last I797/I94 was valid till July 2018) and am hitting my 240 day next week.. H1 extension was upgraded to Premium but I got RFE and will be responding to RFE in next week. In case I do not get decision by end of my 240 day next week, I plan to go on Loss Of Pay and continue to stay in US till decision is received. In case my extension is denied, can I change the Employer and can new Employer file for transfer of my H1B in premium based on my approved I140? 

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