H1 transfer in 8th yr; I-140 revoked; H1 valid 3 more years

[Guest gmworld]

Hi there,

I would really appreciate any help on this topic since I am perhaps on the verge of having to leave the US after a decade here if I cant find a solution to this issue.

Facts

- While I worked for employer A, on the basis of EB2 PERM, I received an I140 approval and I obtained a 3 year extension.

- In Apr I was laid off by A and moved to employer B for a short term/ part time job. My H1b extension up to Apr 2015 to B was approved.

- Subsequently I found employer A has revoked my I140.

- I have finally found a good long-term offer from company C that needs me to start working within 20 days.

Question

Can I obtain a change of employer on my H1b petition, with an expiration same as the current Apr 2015 or is any amendment to the H1b petition denied post 6th year if an approved and valid I140 is not pending?

Some immigration lawyers are telling me my H1b transfer will be denied because no amendments to H1b petition are possible post 6th year without approved I140 and that I can only continue to work for current employer B till a new I140 petition is obtained.

1-2 immigration lawyers are saying that approved I140 is required only if I were seeking a 3 year extension but not for change of employer within the time allotted on H1b petition already.

I would really appreciate any pointers which can help me figure out my fate conclusively, esp if there are any memos or concrete USCIS guidance you can help refer me to. THANKS!!!

[pontevecchio]

There are worse things than having to go back to a country with a great future. You should be able to get the current extended term in H1 status. I suggest that you stop Lawyer shopping and consult the firm Of Murthy. In any case the H1 transfer is C's baby and they will handle it.