H1B transfer with approved I-140

[sgoel02324]

Experts please reply -

I work for employer A and has a valid H1B till June 30,2012. My I-140 is approved with employer A but have not filed I-485.

Question - If I change employer and transfer my H1B to Employer B, can than the new employer request for 3 year extension based on Employer A's I-140 approval ?

Thanks.

[Live4GC]

Yes. If the new job is a full-time job then there is a very good chance of getting it for 3 more years. ( New employer needs to request for 3 years)

I am not sure about contract jobs.

[Scorpio811]

I have a similar situation. What if the employer A decides to withdraw/revoke his I 140 petition? Will the employer B be still able to get a 3 year extension?

Thanks in advance

[Live4GC]

I guess its slightly hard to revoke/cancel I140 after 6 months of approval.

Also, PD is yours to keep, no matter what happens to your I140.

It takes time for them to cancel I140, by the time they cancel you can hop onto next employer with 3 year extension.

They say its safe to keep original copy of I140 approval with you.

[Scorpio811]

Thanks Live4GC. That sounds like good news. But I have only a copy of the I 140 approval notice. Do you think that is good enough?

[Live4GC]

Copy is good enough for the transfer as eventually Attorney will also submit a copy in the petition.

To avoid risk of revoking or canceling the I140, I heard someone saying "Original needs to be with you always" ... Really need expert advice on this ......... can any experts comment on this.