Company Shutdown..Approved LC I-140..Currently on H1B


deepen02421

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Background:

I am currently on H1-B & have completed my 6 years period as of May 29th 2011. I have my GC filed through Company A in EB3 category with a PD of Nov 2008 & currently have my I-140 approved as of July 30th 2009.My H1-B visa recently got extended until Nov-2013 on basis of approved I-140.At this point my company A shutdown abruptly in 1 day due to some issues with government authority (No immigration issues)& i have already found another prime vendor with the same client as my employer & my LCA process has begun. Once my H1-B transfer is approved my new employer company B will start the fresh LC & I-140 process.

Question

A) What are the chances my H1-B transfer will go thru with my new employer considering my situation where i have completed 6 years on H1-B & the employer through which i got my LC & I-140 approved no longer exists? Also as of know i have not heard any I-140 revocation of company A by USCIS.

B)If H1-B transfer gets denied how much time do i get to wrap up & leave?

C)Can i port my existing PD when filing for new I-140 with company B?

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Question

A) What are the chances my H1-B transfer will go thru with my new employer considering my situation where i have completed 6 years on H1-B & the employer through which i got my LC & I-140 approved no longer exists? Also as of know i have not heard any I-140 revocation of company A by USCIS.

B)If H1-B transfer gets denied how much time do i get to wrap up & leave?

C)Can i port my existing PD when filing for new I-140 with company B?

A) I would recommend consultation with good immigration attorney.

B) Usually immediately, USCIS may give some time (week/two)

c) Yes, as long as it is not revoked by USCIS

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