Looking for options in case porting to different employer is rejected


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I have EB3 labor and I140 approved with Company A. Priority date of Jan 2008.
I am well beyond 6 years limit and I have got 3 year H1B extensions already. My current visa expires in Jul 2015.

Now, another company B is offering me a good position.


Q1> Can company B get H1B transferred keeping / extending the H1B expiry date?

I will be asking company B to start my green card process in EB2 and port priority date.

Q2> If company B files my new labor after Jul 2014 (less than 1 year remaining on H1B visa), will that be a problem in future visa extensions?


Q3> If new labor is not approved till Jul 2015, will I be able to get H1B extensions? On what basis?


Q4> If new labor is rejected, will I be able transfer H1B back to company A?


Appreciate any help.


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  • 2 weeks later...

Generally, the regulations allow an individual to utilize an unrevoked/not withdrawn approved I-140 as the basis for a post sixth year H1B extension even when the I-140 was not filed by the same employer who is filing the H1B extension. However, if that I-140 is withdrawn or revoked you will need a new basis for extension. Therefore, it is advisable to have your new employer begin the PERM process on your behalf as soon as possible.  If you have additional questions regarding this matter please contact a qualified U.S. immigration attorney directly to obtain more detailed information relating to your personal circumstances.  The Murthy Law Firm is very well-regarded with extensive experience able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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