I-140 denied, can I transfer my H1B?

[swaroopkeerthi]

Hi All,

 

I have some situation here. My PERM approved and I-140 got denied.

My attorney is filing the MTR. I want to transfer H1B to different employer (this employer is waiting for more than 6 months now).

My H1B is ending on this year October.

 

My questions are:

 

1.       If a PERM got approved and I140 got denied can a H1B be extended for 7^th year? If we file now, how long it be extended, year from filed or year from expiration?

2.       If a PERM got approved and filed MTR for I140, can H1B be transferred? If yes, can the H1B extends for 7^th year?

 

Please advise. My attorneys are not responding me that well. So i need help.

 

Thank you!

[blancx]

Sorry to hear about the denial.  Wish you all the best with the MTR process.  May the outcome be favourable.

 

I know the answer to your first question - I don't think you can extend H1 based on an approved PERM.  For 1 year H1 extensions, the PERM has to be pending for more than 365 days.

 

I am unsure of the answer to your 2nd question.

 

I think a simple google query will help you find that answer.

 

Good luck and wish you all the best.