H-1B based on I-140 approval AND job switch

[jkylesP]

I work for company A and I have my I-140 approved with them, but cannot file for I-485 due to EB-3 backlog. I have 1.5 years on my original 6 years of H-1B left and company A has not filed for an H-1B renewal yet on the basis of approved I-140.

If I switch jobs to company B and they file for my H-1B, will I get an approval (I-797) for 1.5 years or 3 years with company B due to approved I-140 application?

[crazyh1b]

Since I-140 is approved for employer A I don't think USCIS will give 3 year extension when you apply for H1B transfer with employer B. If you transfer your H1B to company B then company B has to again apply for Labor, I-140.

if you have approved I-140 notice from company A then you can retain your priority date when you apply for new labor through company B.

[seeker66]

based on my readings on this forum and consulting a sr. attorney at murthy yes, you can get 3 years at the time of transfer to company B if your I-140 was approved with company A. you can read more here :

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=5014019812&m=2491011802