3years of H1B extension possible with approved I-140 though not entered in the 6th year of H1B ...?

[Aenstn]

Hi,

I am working for employerA and I have my current H1B getting expired in JUN 2012. In the 6years of H1B available for anybody, by JUN 2012 5 years and 5 months of H1B will be gone. After JUN 2012 I will be having another 7 months to complete the total 6years of H1B.

I am getting a job offer soon from employerB. So I will be transferring my H1B to employerB. Also I have a copy of my approved I-140 from my current employerA.

Please help me in the following with your expert knowledge. Based on your answers I will be consulting a lawyer if still a need be.

1. If I transfer my H1B to employerB, will I be able to get a 3years extension if my I-140 is used even though I am not in the 6th year of my H1B..?

2. When reading through this forum I have seen members posting that their employers revoked their I-140 petitions. Why do employers need to revoke the I-140 petitions? Are there problems to them if they keep it open?

3. I paid for my I-140. Can employerA still be able to revoke it..?

4. Based on some member’s comments in this forum, I came to a conclusion that after I change to employerB if my i-140 is revoked by employerA, I will not be able to get further H1B extensions at all. Is my conclusion correct?

Thanks in advance for your expert answers.

[Belle]

1. Maybe. The USCIS may grant you remaining time on H1 first.

2. Depends on the employer. My understanding is that most do it out of spite.

3. Yes. They are the petitioner.

4. Correct.

[tuser123]

Belle,

Adding to the question 4 here and asking two further questions.

1) If his employer B starts GC process for him i.e LBR/I140 refiling again before his 2nd yr end of 3 yrs visa extn he got. He is eligble for a H1B visa extn correct?

2) Also what if he is layed of before employer B starts his GC process for him and since employer A has already revoked I140 is he still eligble to get H1 transfer to employer C or his H1B transfer will be denied since employer A revoked I140 and employer B could'nt file it.

Pls confirm appreciate your reply on this.

[Belle]

1) Sure.

2) One can transfer the remainder of the approved H1. Also, I-140 withdrawal may take some time, so it is not imperative that H1 would not be extended.

[tuser123]

what happens if says

1) After 1.5 yrs from now Employer B has still not filed GC and lay him off and since it became 1.5 yrs leaving Employer A and he has revoked I140. At that time can he transfer to Employer C for the remainder of valid approved H1B.

Pls confirm I assure you I will not ask any further questions on this thread.

[Belle]

1) If you have approved H1 time left, you can transfer it.