I-140 approved and Client asks direct

[michigan4us]

Hi,

I works in american company through Company A (my employer) and I-140 approved last year. And my H1B will be expired on dec/2012 (with recaptured days).

Now my client asks direct to transfer my visa to his company.

1)I dont know what can i do, if i transfered my visa, then Can i apply for LC and I-140 again? If yes my visa may be expired before I got approval.

2) If my current employer accepts to continue my GC, then Is it possible to apply for visa extention with I-140?

Please help me guys, Thanks for your time.

[Attorney_22]

Generally, the regulations allow an individual to utilize an unrevoked/not withdrawn I-140 Approval Notice as the basis for a post sixth year H1B extension even when the I-140 Approval Notice was not filed by the same employer who is filing the H1B extension. However, unless your new position is the same/similar to the position described in the I-140 petition, and you also have an I-485 application pending for 180 days or more, you will be unable to utilize the protections offered pursuant to AC21. Therefore, unless your old employer will continue the green card process despite your departure, your new employer will need to start a new green card process on your behalf. If you have additional questions regarding this matter please contact a qualified U.S. immigration attorney directly to obtain more detailed information relating to your personal circumstances.