H1B: Travel to India after MAX out date - no PERM filed

[neelmahal]

Hi,

I worked for Company A, got PERM & I140 approved in 01/2012. My MAX out date is 06/2013. I transferred the company B in 08/2012 using approved I140. It got transferred and validity extended to 03/2015. Company B will not file PERM before MAX out date 06/2013. Also, I am travelling to India for 2 months vacation in 06/2013.

Questions:

1. Will this vacation travel create problem in Visa stamping after MAX out date?

2. If Company A revoke my I140, will this cause issue in my US stay or with H1B?

3. I am not satisfied with Company B job. Can I change company after MAX out date/Vacation or without PERM from Company B to Company C?

Thanks in advance.

[pontevecchio]

Your current H1 extension remains valid till 2015 and with any subsequent employer even if the I-140 is revoked now or in future. Involving a Lawyer in any such decision is unavoidable. This forum is not sacrosanct and it is a forum like any other. Important decisions need Lawyer involvement. Unless you have **ssed them off there is no reason for revoking the I-140.

[kunal999]

I am not sure what you mean by "MAX out" date. I am presuming it means the end date of the maximum 6-year validity on your H1B.

As per my knowledge, your I-140 is not automatically transferred to your new company. You may have been approved for an extended H1B petition based on your previous approved I-140 with Company A, but that does not mean that it automatically got transferred to Company B. AFAIK, your new company will have to file PERM and I-140 once again and these are processed in the same manner. The only thing that gets transferred is your PD (priority date). And that too happens with certain restrictions/conditions.

This is all AFAIK. I would advise you to seek counsel of an immigration attorney.

If there is an attorney on the forum, please advise if I am completely out of line.