URGENT! H1B Transfer, I-140 likely withdrawn

[deepthought66]

Guys,

Here is my situation.

• Company A filed for, and got I-140 approved. At the time I was on my 6th year of H-1B
  
• Within a month, I transferred to Company B, and got a 3 year H1B extension based on the approved I-140 from Company A.
  
• Now I have another offer from Company C, and I have 1.5 years left on the extended H1B mentioned in (2) above
  

Here are my questions.

• If Company A has withdrawn/revoked the I-140, I cannot extend the H-1B beyond the 1.5 years left. Correct?
  
• More importantly (assuming that the I-140 has been withdrawn/revoked by Company A) can I transfer my H-1B to Company C and continue to work there for the next 1.5 years -i.e. till the expiry date of the extended H-1B?
  

I would really appreciate the guidance. Thanks!

[kalyan_ac]

No, if the I140 has been withdrawn.

[pontevecchio]

Even if the I140 is revoked the H1 extension period remaining is available for you. Are you seriously intending to trust a forum instead of engaging a Lawyer?

[deepthought66]

Just trying to be a good citizen here.

Because I needed my questions answered in a rush, I paid an attorney to have my questions answered. Here is the gist of what she said; posting it here in case someone else has a similar question.

• Question: If Company A has withdrawn/revoked the I-140, I cannot extend the H-1B beyond the 1.5 years left. Correct?
  
• Answer: Yes. It cannot be extended if the I-140 is withdrawn/revoked
  

• Question: More importantly (assuming that the I-140 has been withdrawn/revoked by Company A) can I transfer my H-1B to Company C and continue to work there for the next 1.5 years -i.e. till the expiry date of the extended H-1B?
  
• Answer: No. Any extension/transfer beyond the 6 year time limit must be accompanied with an approved I-140 (only exception is if AC21 applies (485 provisions))
  

Hope this helps.

[pontevecchio]

I THINK YOU SHOULD SEARCH THIS FORUM AND CHAT.

[pontevecchio]

I suspect you had a phone chat.?