ramesh_s Posted April 25, 2013 Report Posted April 25, 2013 I've transferred my H1B from employer A to employer B using I-140 approval from employer A, so got the approval for 3 yrs and working for last 6 months. GC is not yet filed from employer B and I've approval valid for next 2.5 yrs. If I want to transfer from employer B to a new employer C, how long I can get extension? Can I use I-140 approval from old employer A? The status of this I-140 is still in Approved state on uscis website. I'll really appreciate your replies and helps me a lot.
sk.january Posted April 25, 2013 Report Posted April 25, 2013 Can I use I-140 approval from old employer A? The status of this I-140 is still in Approved state on uscis website. As long as you have the approved 140 copy, a new employer can file an H-1B for 3 years
ramesh_s Posted April 26, 2013 Author Report Posted April 26, 2013 Thanks for the reply. So, there is no issue in filing an H1B with a new employer using I-140 approval from my ex-employer. If my old employer revokes my I-140 can I still use? Is it normal for a employer ( consultancy) to revoke? I heard that it's optional and normally most employers do not revoke as it can cause problem to them as well. Any idea?
sk.january Posted April 26, 2013 Report Posted April 26, 2013 Employers do withdraw I-140 petitions and it doesn't cause them problems. You can still port your PD if your 140 is already withdrawn and the basis is not fraud/mis-representation. There have been cases where I-140 was withdrawn and the beneficiaries still received 3 year H1B extensions. Every case is unique, so better consult a good immigration attorney.
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