In 5th Year of H1B with approved I-140. Can i get 3years of H1B with a H1B transfer now. ..?

[magent]

I am in the 5th year of my H1B. And i have still 16 months (9 current +5 with an extenson + 2 recapture ) remaining on my H1B to complete 6years . My current company ( say company A) filed my LC and I-140 and i have copy of approved I-140 with me ( i had to for I40 though :-( . )

1. During immediate H1B transfer to companyB from company A, will I get the remaining 16months

of H1B or 3years H1B possible if approved I-140 of companyA is used while transferring. .?

2.I see in some posts that to get new 3years H1B with approved I-140 you need to be in the 6th year of your H1B period.

But Some posts are contradicting saying as long as your I-140 is not revoked by holding employer ( like CompanyA in my case)

and you have I-140 copy it does not matter whether you are in 4th year or 5th year or 6th year of your H1B validity period ,

you will always receive 3 years of H1B when transfer happen.

Which one is correct ..?

3. Can the companyA able to withdraw or revoke approved I-140 even if

it is NOT for fraud or misrepresentation ..?

Can you please share your knowledge.

Thanks

[Attorney_22]

Generally, an individual does not need to be in their 6th year of H1B to utilize AC21 provisions which provide for an extension beyond the normal six year limitation on the basis of a valid and approved I-140 petition. This extension can be for a period up to three years but can be for a shorter period. However, an I-140 sponsor has the ability to withdraw the I-140 petition at any time which can affect an individual’s eligibility for a post 6th year H1B extension. Please also be aware there can be additional ramifications to an individual’s green card aspirations and therefore before making any changes to employment the individual should speak directly with an experience immigration attorney.

[magent]

Thanks for your reply Murthy Law Firm Attorney 22 .

So you are saying it is NOT necessary to be in the 6th year to get a 3years of H1Bextension with approved I-140, which can be from any employer.

But i did not understand clearly your sentence " This extension can be for a period up to three years but can be for a shorter period." Can you please shed some light on the below .

a) Do you mean by that statement that even the new employer( who files the H1B extension) asks for 3years in the petition USCIS can offer less than 3 years of H1B ..?

b) If a) is true what might be the cause for them to do so .? ( Just a s a note my new employer is the end employer .No Employer Vendor model)

You also specified "I-140 sponsor has the ability to withdraw the I-140 petition at any time which can affect an individual’s eligibility for a post 6th year H1B extension. "

c) Does this mean even if i get a 3 year extension , when my previous employer withdraw my I-140 , that 3 year extension is not valid

and i can only work for the 16 months (which is my pending H1B period to complete 6 years on H1B)..?

d) Is there a obligation to any employer with USCIS that they have to withdraw the I-140 when their employee moved to another employer ..? or Is it just individual employers choice ..?

Appreciate your time and help

Thanks

[Attorney_22]

Yes, that is correct- you do not need to be in your 6th year of H1B to apply for a three year extension based on an approved and valid I-140. This extension can be for up to three years, but can be for shorter periods if requested by the sponsoring employer, or USCIS determines there is not sufficient qualifying H1B employment for the entire three year period. An I-140 sponsor has the ability to withdraw the petition at any time, however if an H1B extension based on the I-140 has already been approved, at this point in time, USCIS will not revoke the H1B extension. Although an I-140 sponsor may withdraw the I-140 petition, there is no specific requirement to do so.

[magent]

Thank you for the valuable reply .

Have a question on your response "An I-140 sponsor has the ability to withdraw the petition at any time, however if an H1B extension based on the I-140 has already been approved, at this point in time, USCIS will not revoke the H1B extension. "

Assuming i have received a 3 year extension from USCIS with immediate H1B transfer using approved I-140 , the previous employer with draws the I-140 ,

and i worked for 18 months on H1B for the new employer .Then if i want to transfer my H1B to the third employer , can i be able to transfer ..?

At this time even if i don't have an approved I-140 from any of my employers , can a H1B transfer possible and i can get the remaining 18 months of H1b to work at the third employer ..?

Appreciate your time and help again

Thanks

[magent]

Can "Murthy Law Firm Attorney 22" or someone who have idea on my question above, please shed some light or your knowledge . Appreciate your time and help.