H1B transfer - extension - i140 question

[xyzusa]

Hi,

 

My H1 year 5 will be completing this September. My I140 was approved last year from employer 'X'. I have an offer from company 'Y' that I would like to take. My H1 is expiring in a couple of months.
1. employer 'X' wants me to file for extension. Can I go ahead and file for extension with current employer 'X' and also have company 'Y' file for transfer.
2. Does the company 'Y' have to process PERM and I140. Can I140 approval be transferred.
3. if employer 'X' withdraws i140 then what are my options.
4. when both the transfer and extension are filed; transfer will be premium processed in a month. Extension will take a few months or more. Will it cause any conflict later if I take the offer from company 'Y'.
5. Should I only file for transfer with company 'Y' and not file for extension with current employer.
5a. if (5) yes then would there be enough time to file for extension; if in rarest case transfer does not go thru.
I wanted to know if there are any risks that I should watch out for.
I appreciate any helpful advise.

Thanks for your time.

[rahul412]

1. employer 'X' wants me to file for extension. Can I go ahead and file for extension with current employer 'X' and also have company 'Y' file for transfer.

2. Does the company 'Y' have to process PERM and I140. Can I140 approval be transferred.

3. if employer 'X' withdraws i140 then what are my options.

4. when both the transfer and extension are filed; transfer will be premium processed in a month. Extension will take a few months or more. Will it cause any conflict later if I take the offer from company 'Y'.

5. Should I only file for transfer with company 'Y' and not file for extension with current employer.

5a. if (5) yes then would there be enough time to file for extension; if in rarest case transfer does not go thru.

1. Yes that's possible

2. I140 cannot be  transferred, new employer should file new I140

3. Make sure you get your I140 approved before your H1 exp

4. No

5.That's up to you

6.transfer or ext is nothing but a new H1 but cap exempt filed by two different employers.