H1B transfer after 5 yrs

[ramse123]

I'm on H1B and stayed in US for 5 yrs. with approved I-140, and in second extension.If i change employer and H1 is transferred successfully and new labour has been filed but not approved,what are the options if the old employer cancels H1/revokes I-140?

[noauditplz]

For a 7th year extension on H1B,at least labor should be filed 365 days before expiry of your H1

[ramse123]

noauditplz, thanks for the reply.But my old H1 is not expiring.It's valid for1 more year.If i transfer to a new employer and while the process is going on, old employer cancels H1b what happens? and what happens if I-140 is cancelled?

[noauditplz]

Dont let your current employer know about the transfer to minimize the chances of transfer not happening successfully. You can also let your current employer once you receive the approved H1 with new employer to minimize the chances of being out of status. FYI, you don't need to let your current employer know about your move to another company unless you need some documents like experience letter etc.

If your old employer cancels I140 and your new employer fails to apply for labor before 1 yr of H1B expiration, then you will be out of status after your 6th year of H1B gets completed.

Please do your research on the forum before posting a question as same questions are being asked again and again