H1-B Extension

[sravanthik]

Employer A filed my Labor and I-140 and they both got approved and my priority date is 08-11-2011.Now I am planning to move to Employer B who is ready to start my GC process,but i am entering H1-B 6th year from 12-26-2011,So my questions are

1)If I transfer my H1-B from employer A to employer B do I get 3 years extension(because I have approved I-140) or current I-94 expiration date(12-26-2012)

2)Or I have to apply H1-B extension with Employer A then move to Employer B

Please give me suggestions on this.

Thanks,

Sravanthi

[Attorney_17]

Assuming that your priority date is not current, Employer B can file a 3-year H-1B extension for you. To be on the safe side, it should file the H-1B petition with premium processing service and you should not give notice to Employer A or join Employer B until the H-1B petition gets approved.

[Scorpio811]

I have a similar situation. What if the Employer A withdraws/Revokes his I-140 petition, Will the Employer B still be able to get a 3 year extension?

Thanks in advance