H1B transfer possibility after I-140 withdrawn


luck2u

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Posted

Experts, pls advise...here is my situation...

I completed 6 years of H1B period and currently I'm in 7th year.

I have I-140 approved with X company and got H1B approved for 3 years by Y company using X company's I-140. Lateron I came to know that X company had withdrawn my I-140 petition. Now, if I want to transfer my H1B from Y company to Z company, is it possible even my current I-140 is withdrawn by X company?

If not, pls let me know the options to switch employer as I came to know X and Y company both are in big risk in USCIS perspective and hence I'm planning to not have my H1B with either one of them.

Thanks inadvance!!

Posted

Generally, extensions beyond the sixth year in H1B classification require the individual noncitizen to be the beneficiary of a valid PERM application filed more than one year before the end of the fifth year in H1B status or be the beneficiary of an approved I-140 petition in a backlogged employment based immigrant category. A withdrawal of a valid employment based I-140 immigrant petition could potentially adversely affect the ability to receive extensions or changes of employer beyond the sixth year in H1B classification. However, each case is different and an individual should consult a qualified competent immigration attorney to determine personal legal options.

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