8th year of H1b + I-140 revoked

[mayurag]

All,

Need your advice. I got my first H1b visa in Oct 2004 with employer 1. My employer 1 filed my I-140 which was approved in Aug 2008. I then switched to employer 2 in Sept 2010 and got my H1b visa transfer approved since I was in the 6th year approval (visa valid till june 2013). I was told that my employer 1 revoved my I-140.

In April 2011, I moved to employer 3 - this time my H1b was approved for the balance period till June 2013. Note there was no approved I-140 ie basis for approval of visa but the transfer went through. Now I am laid off by employer 3 and without an I-140. I want to know the following:

- Will I get an H1b transfer approval for my next job (I am in my 8th year + no I-140 approved)

- If yes, how long will it be for ie balance period up to June 2013 or 3 years?

I am thinking if I should move on H4 visa till I find a job and then come back on H1b once I get a job. How will this impact my H1b visa transfer ?

Really appreciate all your help !!!!

[pontevecchio]

Move to H4 status after talking to a Lawyer as a first step even if it means leaving and coming back with a H4 visa.