H1b after 6 years extension/transfer

[sitaram76]

Hi group,

My previous company (Company A) applied for my GC and I have an approved I-140 through that company. Based on that I-140, my previous company (Company A) applied for my H1B extension in October 2011, because I am about to complete my 6 years in March 2012. I got my visa approved and I got 3 more years on my H1B. But in December 2011, my previous company (Company A) surprisingly laid me off. I managed to find another company (Company B) to apply for my H1B transfer using my extended H1B and my I-140. This transfer is still in process.

My previous company (Company A) said they will intimate the immigration to cancel my visa and I-140. I dont know if they will really do it or not, but I have to consider that they might have already done this.

Now my current company (Company B) too is not doing well and as a precautionary measure I am searching for a new job because I dont want to risk my status again. Fortunately I am thinking I am close to get an offer from another company (Company C). Now my questions are:

1. Can I switch my company now? Taking into consideration that my first company (Company A) initiated the cancellation process.

2. Will my new company (Company C) be able to still use my possibly cancelled H1b extension and I-140 to apply for my transfer?

3. Since my current H1b transfer is still pending ( by Company B), is it possible to start another transfer now (to Company C)?

4. If no is the answer, what is the best case scenario?

Thank you all for your time and hope to get an answer soon.

Thanks,

[Attorney_10]

Generally, once an I-140 petition has been withdrawn by the employer or revoked by USCIS it can no longer be used as a basis to extend one's H1B status. In addition, a beneficiary is only eligible to extend his/her H1B status is s/he is currently maintaining H1B status. It appears from the facts of your case you may have a status issue if the previous H1B petition has been withdrawn. Please schedule a consultation with a qualified immigration attorney ASAP to discuss the issues related to your case and the options that may be available to you.