Changing Jobs after I140 approval - H1B extensions

[bclara]

I am Indian national with EB2 I140 approved with company A. I want to move to company B.

I believe that I can get 3 year H1b extension with company B on basis of approved I140 from company A, please confirm if that is true. Also that I will have to start GC process from start although I would retain my priority date.

 

Secondly, assuming that I need to change from company B to company C in future (for business or other reasons) and company B didn't start my GC process and company A revoked my I140 in mean while.

Can I still get H1B extension with company C (since I already had a valid H1B with company B)?

 

Please let me how H1B extension works after 6 year term on basis of approved I140 and other H1B extensions secured on I140 basis.

 

Thanks in advance.

[pontevecchio]

If you are looking for a Lawyers take, please give the firm a call. Based on an approved I-140 you are allowed 3 year H1 extensions beyond the initial 3 years . Once you get a 3 year extension you are entitled to it with any employer even should the I-140 be revoked subsequently.

[sanbhu]

I have similar question too but a little different situation

 

My I-140 got approved from my current company. I got a good offer from another company and they are ready to start my greencard process , but being a big company, they will apply for my labor only 6 months after joining the new company. My 6 year period on H1 end in Jan, 2014. 

Is it possible and legal to shift to the new company with just 6 months left and can new company use my I140(with current employer) and get 3 years extension ?

 

How is the trend of extension periods with I140. Are they giving 1 year or 3 years? any idea?I am not particularly concerned about porting my prority date because of the offer I got.Please give some suggestions.

[raom]

Same situation of above , My 1140 approved with A company on November 2012 . Now I got offer with Big 5 company and my join date is September. as per process they might start my GC around next February or march .

 

But my H1B valid till June 2014 . Is it fine if i transfer to B company . please advise 

[pontevecchio]

"Is it possible and legal to shift to the new company with just 6 months left and can new company use my I140(with current employer) and get 3 years extension ?"

 

 

 YES

 

 

 

@rao,

 

You can join any employer. Is it fine? Only you can tell.

[bclara]

Thanks Pontevecchio...

[aum001]

I am in similar situation....I work for Company A with 140 approved (EB3) and have H1-B until Feb2015. My Company is merging with Company B and will take 6 months for the merger & consolidation (not sure if the new company name will be A, B or C). I want to be proactive and prepare before it to too late.

 

1. What if the new company name is Company B or Company C (Tax ID changed)? Do I have to file an amendment for 140?

2. What if my location is closed (I travel almost 100% on my job but my GC is tied to a location)? Do I have re-start my GC with new location?

3. I have a very good offer from another company (still EB3). Do you think 20 months is enough for labor and 140 approved through new company? Can I use my 140 approval to get another 3 years with new company?

4. Take risk and move to new company or stay with my current company and go through the merger?

 

Please advice. Thanks and have a wonderful week a head.