H1B Porting with I140 approval

[l12h1info]

I have a question regarding my H1B and transfer of jobs. Can you please help me

 

Here is my case.

 

I currently work for company A,

I have I140 approved from Company A, Priority Date June 2011.

I have 1 year on H1B (got extended thru company A 2 years ago) till March 2015.

 

I want to move to company B.

 

Here are my questions:

1. Can company B requst for 3 years extension based on I140 approval from company A and get my H1 extended till March 2017 or March 2018?

2. Within how much time does company B has to file my Prevaling wage/Labor so that I can use priority date of June 2011?

 

-Thanks.

[jairichi]

 

I have a question regarding my H1B and transfer of jobs. Can you please help me

 

Here is my case.

 

I currently work for company A,

I have I140 approved from Company A, Priority Date June 2011.

I have 1 year on H1B (got extended thru company A 2 years ago) till March 2015.

 

I want to move to company B.

 

Here are my questions:

1. Can company B requst for 3 years extension based on I140 approval from company A and get my H1 extended till March 2017 or March 2018?

2. Within how much time does company B has to file my Prevaling wage/Labor so that I can use priority date of June 2011?

 

-Thanks.

 

1. Yes, based on approved I-140 you are eligible for 3 year extensions.

2. Anytime as long as employer A does not cancel your approved I-140.

[Kpmrh]

I have a question somewhat related. My H1 is valid till Apr 2015 and have an approved I140, but while on vacation to India, the consulate made a determination that I am in eligible to be granted visa and recommended the uscis to revoke my petition. Can company B apply for an H1 on the approved I140?

[pontevecchio]

Maybe. Discuss your situation with say the firm of Murthy and go on.

[jairichi]

I have a question somewhat related. My H1 is valid till Apr 2015 and have an approved I140, but while on vacation to India, the consulate made a determination that I am in eligible to be granted visa and recommended the uscis to revoke my petition. Can company B apply for an H1 on the approved I140?

Well, USCIS would contact your employer or your employer could contact USCIS about your H1B petition.

What is the reason for US consulate to recommend revocation of your H1B petition? That will tell you whether another employer can file a H1B petition.

[fanaa]

I would like to add on to the original question. My I-140 priority date is February 2011, and it was approved in July 2011. My 6 year visa is scheduled to finish at the end of August 2014. Company B is willing to file my H1B. I want to leave Company A after Company B's petition gets approved. 

 

1. Can Company A revoke my GC petition after I leave them?
2. Do I need to resubmit a green card petition again with Company B?
3. How long would I have to file the petition again? Can I file it with Company B along with the H1B petition?

Thank you.

[l12h1info]

@jairichi - Thanks and Can you please confirm, if I am reading this right ?

 

 

So even tho I have one more year left on my H1B (my H1B is valid till March2015), I can get 3 years extension to 2017 if company B is ready to transfer my H1B to their company?  

 

Thanks for your help.

[jairichi]

I would like to add on to the original question. My I-140 priority date is February 2011, and it was approved in July 2011. My 6 year visa is scheduled to finish at the end of August 2014. Company B is willing to file my H1B. I want to leave Company A after Company B's petition gets approved. 

 

1. Can Company A revoke my GC petition after I leave them?
2. Do I need to resubmit a green card petition again with Company B?
3. How long would I have to file the petition again? Can I file it with Company B along with the H1B petition?

Thank you.

1. Yes.

2. Yes, if company B is willing to do so.

3. If company B is willing they can file even now.