H1B transfer to a new employer based on current I-140


Patta

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Hello,

            I work for company A and I have a approved I-140 in EB-3 which I got probably 1.5 years back. I had my H1B extension done a year back based on I-140 and I have a petition which is valid until Apr 2015. Three months back my employer A bumped my case to EB-2 and it is currently under PERM processing.

 

My question is, if I switch to a employer B now, can they do a ( transfer + extension) of my H1B based on employer A's I-140 asking for another 3 year extension ( assuming 2017), in which case I have sufficient time to start my GC process again with my new employer B.

 

 Are there any risks involved in this?

 

 

Thanks

Patta.

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Hello,

            I work for company A and I have a approved I-140 in EB-3 which I got probably 1.5 years back. I had my H1B extension done a year back based on I-140 and I have a petition which is valid until Apr 2015. Three months back my employer A bumped my case to EB-2 and it is currently under PERM processing.

 

My question is, if I switch to a employer B now, can they do a ( transfer + extension) of my H1B based on employer A's I-140 asking for another 3 year extension ( assuming 2017), in which case I have sufficient time to start my GC process again with my new employer B.

 

 Are there any risks involved in this?

 

 

Thanks

Patta.

Transfer is possible based on approved I-140 but I believe extension could be applied only at a maximum of 6 months in advance from expiry date.

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Thanks Jairichi. That's what my assumption too. Since this is a transfer + extension, I thought  it could be extended based on current I-140 for another "x" year. But I would appreciate if someone could confirm this . I need to know this ASAP as I need to take a decision .

 

Thanks

Patta

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Thanks Jairichi. That's what my assumption too. Since this is a transfer + extension, I thought  it could be extended based on current I-140 for another "x" year. But I would appreciate if someone could confirm this . I need to know this ASAP as I need to take a decision .

 

Thanks

Patta

Why don't you ask your employer's attorney? They would be the best to guide you.

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  • 2 months later...

Hi All,

           Referring back to my same topic on my earlier post, Can the new employer "B" use the same I-140 ( of employer A ) for further extensions down the line.   I am asking this because if employer B doesn't start the GC process, can the same I-140 could be used to continue my stay with further extensions.

 

 

Also, can employer A cancel the I-140 which was filed by them at any stage.

 

Thanks

Patta.

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Hi All,

           Referring back to my same topic on my earlier post, Can the new employer "B" use the same I-140 ( of employer A ) for further extensions down the line.   I am asking this because if employer B doesn't start the GC process, can the same I-140 could be used to continue my stay with further extensions.

 

 

Also, can employer A cancel the I-140 which was filed by them at any stage.

 

Thanks

Patta.

As long as employer A does not revoke your approved I-140 employer B can file for extensions.

Yes, employer A has all rights to revoke I-140 if they want to.

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Thanks Jairichi.  Do we get an intimation in the event of Employer A revoking the I-140 which they filed. In my case I paid 300 odd dollars 2 years back when my employer filed I-140.  Can they still cancel it.

 

 

Thanks

Patta

 

I do not think USCIS will intimate you. Only your employer has to inform you.

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