H1B Transfer from A to B to C

[kiku83]

I am on H1B and my 6 years are completed. (GC Filled EB2 India - Priority date - June 2011)

My I140 was filled by "Company A", 4 years back. I then changed the job and joined "Company B" after 6 years completion and on transfer I got 3 yrs extension based on approved I140, which is valid till 2017

At this point I haven't started new GC Process with "Company B" and I am planning to join "Company C" based on approved I140 of "Company A".

Given H1B is valid for 3 years until 2017, can someone please let me know is it possible to do H1B transfer based on approved I140 of "company A" and join "company C". 

 

 

[jairichi]

Yes.

[itsmeusa]

Yes, it's possible.

[omshiv]

yah possible...but avoid jumping too much.

[kiku83]

Thanks everyone for the reply. 

 

One question: Once i move to "company C", i just need to make sure the GC is initiated by 2016 given that H1B expires by 2017?

 

Please correct me if i am wrong.

[jairichi]

Thanks everyone for the reply. 

 

One question: Once i move to "company C", i just need to make sure the GC is initiated by 2016 given that H1B expires by 2017?

 

Please correct me if i am wrong.

If your approved I-140 will not revoked by employer A then there is no need to worry.

[kiku83]

Thanks, I checked my status at USCIS website and still its says approved 3 years ago. 

 

Does USCIS website status is up-to-date? Does company revoke I-140 once you leave and is it common?

[itsmeusa]

Ideally companies are supposed to revoke I-140 if employee leaves, however very few companies follow this practice. Also, even if I-140 is revoked by the company, I highly doubt USCIS case status is updated to "revoked" or "denied" etc. You would know that only when you use that I-140 to file H1b extension.

[kiku83]

Thank you for the reply.

[pontevecchio]

Companies are not required or supposed to revoke the I-140 of an employee who leaves. It makes no difference whether they do or not always supposing you are not interested in working there anymore. As regards H1, revocation of the petition of an ex employee is an administrative mandate.

[bnd123us]

I have simillar situation. But in my case employer A has revoked the i140. H1b is valid till April 2016 with employer B. But my 6yrs is completing on May 2015.

 

In this case is it safe to transfer h1b to employer C? And if I do when what is the maximum validty I will get on transferrred h1b to employer C?

[jairichi]

I have simillar situation. But in my case employer A has revoked the i140. H1b is valid till April 2016 with employer B. But my 6yrs is completing on May 2015.

 

In this case is it safe to transfer h1b to employer C? And if I do when what is the maximum validty I will get on transferrred h1b to employer C?

You will be allowed to be on H1B status till April 2016.