What happens if?

[whatif]

Here is my situation:

I have an I-140 approved from a fortune 50 company (Company A). Currently I work for Company B. My 6 year H1 expires in Oct 2012. But in Feb 2011, I moved to Company B and got the H1 extended through Jan 2014 because of the approved I-140. In Nov 2011, my priority date became current. But company B has not started the green card process yet.

My questions are:

• I would like to go back to Company A – if I apply for H1 transfer to Company A, will I get 3 year extension although my priority date is current? Or will I get only 1 year extension?
  
• Suppose I stay with Company B and apply for I-485 with Company A and if it gets rejected( preparing for the worse), will my H1 still be valid until Jan 2014?.....assuming that Company B hasn’t started the green card process.
  

Your reply is greatly appreciated.

[pontevecchio]

It is not what you want which matters. What does A want?

[Belle]

You retain whatever you got approved on H1. When that expires, you will need to have at least one "live" green card process, and if the date is current, you will get a one year extention.

[whatif]

Another quick question.

If my I-485 gets denied with Company A, Will I still be able to keep the priority date if I start a new GC process with Company B?

Your reply is very much appreciated.

Thanks,

[Belle]

Depends on the reason for I-485 denial. If I-140 is denied for a cause at the same time, then you won't keep the PD. Otherwise, you will.

I also think you should stop job hoppin'.