Change employer with approved I-140

[tyagi.sandeep10]

Hi All,

Currently, I am with company A (large consulting firm) and willing to move to company B but my situation is as stated below and needed guidance from forum experts:

Current Situation with Company A:

H1B status:  I am on H1B which is currently valid till May 10th 2014 but in between I was outside US for 180 days so I will complete my 6 years on H1B in November 2014 (May 2014 + 180 days) .
I-140 status: With Company A, I already have approved I-140 on EB3 category.

Now, If I move to company B and apply for H1B transfer and for extension on existing I-140 (Before I give resignation with company A as they will revoke my approved I-140 with-in 2 weeks I will quit them) and get H1B transferred with only 1 year extension. In this scenario, I have following questions:

 1) In above scenario, To minimize the risk If I choose not to switch from company A and let the company B go with transferred H1B and extension. Is it possible to do legally and will it impact my ( company A ) existing I-797 and current I-94 (Considering it has become online now)?

2) Later, Can I apply for H1B extension on my currently approved I-140 with company A? and will there be any impact because of the point 1?

3) If Company B chooses to close transferred H1B and extension, will it impact my current H1B or approved I-140 and will the Company A will ever come to know about this?
 

All these questions are considering that my H1B is transferred to company B and I only get one year extension because If I get 3 years of extension with Company B then everything will fall in place.

Appreciate the quick response on it as I have to take decision with-in a week.

 

[tux78]

Please consult an attorney for profession opinion as these things get tricky. Here's my take:

 

 1) In above scenario, To minimize the risk If I choose not to switch from company A and let the company B go with transferred H1B and extension. Is it possible to do legally and will it impact my ( company A ) existing I-797 and current I-94 (Considering it has become online now)?

 

You can ask Company B to petition H-1b. As far as I understand, there's no transfer of H-1b. It will be a new application and approval process.  There's shouldn't be any issue with the existing I-797.

 

 

2) Later, Can I apply for H1B extension on my currently approved I-140 with company A? and will there be any impact because of the point 1?

 

I am not sure what happens if I-140 is revoked.  If not revoked, then you can keep the same priority date but will need apply from sratch for the new Greeen Card application.

 

 

3) If Company B chooses to close transferred H1B and extension, will it impact my current H1B or approved I-140 and will the Company A will ever come to know about this?

 

I am not sure what you mean by "close transferred H1B". If your petition is not approved then yes you will need stick with Company A. No, Company A will not be aware of another petition.

 

Hope this helps but again consult an attorney.