srini0810 Posted March 16, 2013 Report Share Posted March 16, 2013 My visa is valid till May 2014 with and have an approved I-140 from Company A in EB-3. I am planning to move to a new company and have the following concerns: 1. When i transfer my H1B to company B what would be the duration of my Visa. Would it be 3 yrs from now or May 2014? 2. My current company (company A) will not provide me a approval copy of 140, but i have the receipt number. Company A would revoke my 140 after i move. Company B is willing to file the GC in EB-2. Would i still be able to port the priority date? Link to comment
Attorney_11 Posted March 20, 2013 Report Share Posted March 20, 2013 An employer may seek up to three years of H-1B validity on behalf of an employee who is seeking extension of H-1B time beyond the sixth year on the basis of being the beneficiary of an approved I-140 in a backlogged category. Generally based on regulation and USCIS policy, absent fraud or misrepresentation the USCIS will permit the retention of a priority date between employment based immigrant petitions even when the previous I-140 was withdrawn by the previous employer. Link to comment
kalyan_ac Posted March 21, 2013 Report Share Posted March 21, 2013 The H1b may become invalid once the I140 is revoked. Link to comment
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