H1B on I140 - Change of employer

[var]

Hi

Please consider the following case.

If a person has an I140 approval from a company A and got the H1B extension for 3 years on the basis of I140 because he had already completed H1B- 6 year term,

At this stage If the person wanted to move to company B , can the company B transfer the H1B ? This H1B was issued on the basis of company A's I140.

If yes,obviousely company A would cancel the I140. In this case , Is the H1B still valid ? What are the options does the person have to continue his employment with the company B ?

Thanks.

[Attorney_11]

Generally, an individual may seek to extend H-1B classification beyond six years with a new employer on the basis of a green card process initiated by a previous employer. It is advisable to commence a immigration process with the new employer as soon as possible. It may be helpful to discuss this matter with a qualified immigration attorney for further details.

[var]

Thank you very much for your reply.

[dennis_joe14]

"Generally, an individual may seek to extend H-1B classification beyond six years with a new employer on the basis of a green card process initiated by a previous employer."

What happens if the previous employer withdraws the 140 application which nulls the existing H1B. Does that result in the person being out of status? What is the best way to address this risk?