H1 B extn beyond 8'th Year - I140 expired

[KK_1]

Please refer to my scenario below and provide me with your expert opinions.

I am past 8'th year h1 extension in USA. My ex H1-B employer(Company A) filed for Labor in 2008 (Priority date Aug 2008) and had a approved I140 (valid until Oct 2012) .

I went to India for Stamping on Aug 2011 (based on approved I-140 ) and got a 221g. I was waiting indefinitely in India and finally got a rejection email from USCIS in Dec 2011. Around that time another Company B offered to sponsor my H1 and a new h1 premium request was filed in Mar 2012 based on the same approved I-140. I eventually got my new h1 approved and came back to US through Company B in June 2012 after a gap of 9 months outside US.

My current h1 is valid until 2015. Here are my questions

1. Company B(Current H1b employer) is delaying my Green Card Processing as they have some policy to work for a year before they start GC processing. I explained my I-140 expiry scenario to them and they responded that since I have valid h1 I can wait for GC processing . Is it valid to continue in US without a I-140 ( After 6 year mark) ? I have valid h1 visa and I-94 but do not want to face some legal issues due to

expired I-140.

2. What are my options if I need to look for another job. In case Company B (current employer) delays my GC processing, I will like to transfer to some other employer who is willing.Will I be able to transfer based on my current H1 validity or they have to first take care of expired I-140 before new h1 transfer?

Please advise!

[JoeF]

An I-140 doesn't expire.

[pontevecchio]

An approved I-140 has no expiry date.

[KK_1]

Thanks JoeF & pontevecchio for your clarification. I was confused and misread the date. Yes the approved I-140 does not seem to have any expiry date indicated in approval receipt.

Does this mean I can transfer my H1(Current visa is valid till 2015) ?

If yes when will the new employer need to take care of my GC (I am assuming they have to file fresh PERM based on the approved I140)

but do they have do it along with H1 extension ?

Thanks for your help.

[catx]

When a new employer sponsors a person for permanent residency (green card) they have to file a new PERM labor certification application for the employee in their job,and then if approved, file a new I-140 petition based on that approval. An approved I-140 petition is employer, job, and beneficiary specific, and does not 'transfer' (but does not expire). However, an employer can revoke an I-140 petition at any time at their discretion.

[pontevecchio]

And to add even if the I-140 is revoked that PD is available to you for a subsequent filing of PERM/etc. by another employer irrespective of EB classification.