Can we get 3 year H1B extension with the I-140 from previous employer?

[visastamp]

Hi everyone,

 

I worked for 5 years on H1B visa with Company A and got my I-140 approved.

At the end of 5th year, I am planning to leave company A and join company B.

 

Below are my concerns:

1.  Can I get 3 years extension when company B files my H1-B (with the approved I-140 from company A) ?   And If I can, does it matter whether the I-140 is revoked by company A or not?

2.  When company B applies for my GC, I want to port the priority date from approved I-140 from company A.  To do this, does my job description with company B needs to be the exactly same as the company A?  Again, does it matter whether the I-140 is revoked or not for porting?

 

I am open for any other suggestions in this case. Appreciate your time and any help in this regard.

[Attorney_22]

Generally, as long as an approved I-140 petition is still valid, it can be the basis for an H1B extension beyond the normal six year limitation. However, due to the complexity of your question, it is advisable to discuss this in detail directly with a qualified U.S. immigration attorney.

[ottawa_rocks]

I wish this person's question could be answered in detail by experienced members in here as it is an excellent question and the general norms shall continue to apply on this as well.