H1-B Transfer Based upon Approved I-140

[questionabth1b]

I'm working with a company A on H1-B approved for 3 years. This approval is based upon approved I-140. My 6 yr term was completed in 2012. My I-140 was approved in Feb 2013. I have a company B who has given me an offer.

I would believe following are the steps to transfer:

a. Transfer H1-B first. possibly in premium.

b. File for new I-140 from company B and using the existing PD which was provided by Company A.

I have the questions:

With the assumption that I join company B on 04/01/2014.

1. Are the steps to transfer correct?

2. What if company A revokes the I-140 (given that it has been more than 6 months) the day I leave. Are there going to be any issues?

3. Assume company B files for transfer on 04/01/2014 will I get an extension till 03/31/2017 or the previous expiration date? I would assume 03/31/2017 as i would still be with company A during the transfer process and the I-140 is approved.

4. What are the repurcussions of Company A cancelling the I-140 ?

[jairichi]

I'm working with a company A on H1-B approved for 3 years. This approval is based upon approved I-140. My 6 yr term was completed in 2012. My I-140 was approved in Feb 2013. I have a company B who has given me an offer.

I would believe following are the steps to transfer:

a. Transfer H1-B first. possibly in premium.

b. File for new I-140 from company B and using the existing PD which was provided by Company A.

I have the questions:

With the assumption that I join company B on 04/01/2014.

1. Are the steps to transfer correct?

2. What if company A revokes the I-140 (given that it has been more than 6 months) the day I leave. Are there going to be any issues?

3. Assume company B files for transfer on 04/01/2014 will I get an extension till 03/31/2017 or the previous expiration date? I would assume 03/31/2017 as i would still be with company A during the transfer process and the I-140 is approved.

4. What are the repurcussions of Company A cancelling the I-140 ?

b. You start your GC process from scratch with employer B and not directly I-140.

 

2. If your H1B extension is not approved before I-140 revocation then extension would be denied.

[questionabth1b]

b. You start your GC process from scratch with employer B and not directly I-140.

 

2. If your H1B extension is not approved before I-140 revocation then extension would be denied.

Can you please to question # 3 with dates ?

[jairichi]

Can you please to question # 3 with dates ?

If employer B files a cap exempt H1B petition with extension and if I-140 is still not revoked by your current employer A then you can get 3 year extension.