Unique case: H-1B amendment filing beyond 6 years with revoked I-140

[indra_saha]

Hi Gurus,

 I am in trouble and running out of luck. Looking for suggestions & options from gurus here;

I have a very tricky question on my H-1B amendment filing. Here are the data-points.

 

1> I am currently on 10th year in H-1B extension & the extension is valid until 15/Sep/2016. I had a previous I-140 approved and that's why I was able to continue to stay beyond 6-years limit in H-1B.

2> My earlier H-1B transfer from Company A to Company B was approved in Oct'2013 based on the old approved I-140 from my prior employer Company A. 

3> I joined Company B in Nov'2013 for their in-house project (not a client location) and my H-1B petition was approved for in-house project ONLY at the time of H-1B transfer.

4> Company B just filed my new PERM in October'2014, PERM is not approved yet by DOL. The intention is to port my old priority date during company B's I-140 stage.

5> My earlier I-140 petition has been now REVOKED by my former employer Company A because I left Company A. Revoked date : Jan’2014.

6> Now company B's in-house project would be ending soon in Dec'2014 and I need to relocate to other project at a client location; So H-1B petition amendment is required by company B as I am moving out of their in-house project.

7> When Company B (my current employer) files for my H-1B petition amendment due to move from in-house project to Client location, what are the chances that my H-1b amendment

would be approved by USCIS ? because I do NOT have a new I-140 approved yet from Company B, my PERM is not pending for more than 365-days yet and my old I-140 from Company A alreay revoked.

(the basis on which USCIS earlier granted H-1B transfer beyond 6 years no longer valid)

 

Is the H-1B amendment filing case sure to get rejected and/or RFE'd ? Please note that this is NOT an H-1B extension filing, rather just the amendment filing and I have new project itinerary detail as supporting document of the amendment.

What are my options available ? 

 

Thank you for taking time out of your busy schedule and reading through my questions and providing solutions. 

 

Regards,

Rab