H1B transfer 7th year with approved I-140

[phoenix2010]

I'm in 7th year of H1B with employer A and with approved I-140.

 

Can I transfer my H1B to employer B with the approved I-140 from A? If yes, what will be the duration/validity on the H1 after approval?

Should the job description match exactly if I want to port I-140 from employer A to B?

 

[pbjr]

Hello,

 

I'm also in the same situation because of lay-off 2 weeks ago with no notice and h1b revoked. But my I-140 approval is active. it was approved in 2012.

 

Within 3 working days i found an employer B and they have filed LCA. The employer is ready to file H1B, but still waiting for LCA approval.

 

My prior I-94 was valid until 2015.

 

1. Is there any issue in staying in the US as I wait for my H1b filed?

2. Will this be considered new H1b or Extension?

3. Is it possible to use an existing LCA (was for new visa but did not get through the lottery)

4. Should I wait until the h1b is approved before I start working?

 

What are my chances or steps to follow?

 

thanks.

[pontevecchio]

Yes. A h1 petition can only be granted for a maximum of 3 years at one time based on your circumstances as long as the approved I-140 is not revoked before the H1 approval for B. You do not port the I-140. You utilize the PD of that I-140 for subsequent filings in any EB classification for any job.