H1B transfer - approved I140 and within 6 yrs


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Hello everyone,

I need help with H1B transfer question and would appreciate your help.

My scenario:

1) Worked with Company A on H1b from 1st Oct, 2009 to 14th Oct, 2011. During this time also got I-140 approved with a PD of Oct 2010.

2) Moved to Company B. H1b approval is until 2nd Oct, 2014. Company B is about to file PERM.

3) Looking to move to Company C somewhere in March 2013. When Company C will apply for H1b, what would be the H1b expiry date ? I am not sure how this works since my 6 years on H1b will end on 30th Sep, 2015. I do have an approved I-140 but it is with Company A (they have not revoked the I-140). I am confused if the H1b will be until 30th Sep 2015 (based on 6-yrs of H1b) or March 2016 (based on 3-years extension after an approved I-140).

Thank you for your help.

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It is permissible, when requesting an extension of H-1B classification, to exhaust all the time within the six years and ask for time beyond the six years at the same time for a maximum three year extension. Obviously, eligibility would have to be demonstrated for the time requested beyond the sixth year. It may be helpful to discuss this with a competent immigration attorney.

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