With approved I-140 can we get 3years new H1B during H1B transfer, though in the 5th year of H1B..?

Andy9 · August 17, 2011

I have been working for CompanyA for around 4 years and 10 months on H1B.

My Current H1B expiry date is 9th Jun 2012 ( 9 Months).

So i have another 5 months remaining to complete 6years on H1B.

And i have 2 months as unused H1B re-capture as i was on vacation outside USA.

So in total i have 16 months (9+5+2) valid on my H1B still to complete 6years.

CompanyA filed my LC and I-140 . Have the copy of approved I-140.

My PD is 9 NOV 2009 in EB2 and i don't expect that date will be current in the next year.

As many does, CompanyA is also exploiting my GC process to pay me low.

So i need to change to new employer and CompanyB is the one that will transfer

my H1B and do GC process from scratch. Company B is going to start my GC process from scratch

immediately i join CompanyB.

My doubts are below ..

1. During immediate H1B transfer to companyB from company A, will I get the remaining 16months

of H1B or 3years H1B possible if approved I-140 of companyA is used while transferring. .?

2.I see in some posts that to get new 3years H1B with approved I-140 you need to be in the 6th year of your H1B period.

But Some posts are contradicting saying as long as your I-140 is not revoked by holding employer ( like CompanyA in my case)

and you have I-140 copy it does not matter whether you are in 4th year or 5th year or 6th year of your H1B validity period ,

you will always receive 3 years of H1B when transfer happen.

Which one is correct ..?

3. The reason i want to get full clarity on above 2 questions is , there is a high

likely hood that CopmanyA can withdraw or revoke my I-140.So i cannot use companyA

i-140 any further than H1B transfer, except retaining the PD.

Can the companyA able to withdraw or revoke approved I-140 even if

it is NOT for fraud or misrepresentation ..?

Experts i would like to request responses.

Appreciate your time and help in allowing me to understand on the above questions.

Thanks

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