H1 Transfer and Extension based on approved I140?

[niyochat]

Hi ,

This is my situation.

1. i140 approved last month; full time position

2. H1b visa expiring in the end of November 2011

3. I am on my 5th year of H1b

4. due to layoff uncertainity, decided to go for consulting job offer.

Question on transfer/extension. Can i take the help of company A's approved i140 (just been a month since its approved through employer A) for Company B's H1b extension? Will the extension be possible for a 3 year tenure? I heard that if i dont stay with employer for at least 180days after i140 is approved, the employer A can/will revoke my i 140. Is this true?

Currently, Company B is not ready to file for 3 year stating 2 reasons:

1) I am in 5th year now and not eligible.

2) CIS is not approving 3 years unless there is client contract and vendor letters.

How to leverage company A's approved I-140? What could be other reasons company B is not filing for 3 years? Typically how long does it take to revoke/withdraw I140s?

Attorney/Legal Experts:

Please advise. Appreciate for your time looking into this.

[niyochat]

How long does it typically take to revoke I140?

Is it difficult to get H1 extension approved for 2.5 years these days? In employer-vendor-client situation, I am told H1 extension can be filed only till the project duration say 1 year. How far is this true? Is strict agreement/paper work required to get 2.5 years extension? Is it company policy to avoid audit they file short term extensions? I am still puzzled why the transferring company (comp B - IT consulting) is hesitant to file 3 year extension based on company A's approved I-140.If someone has faced this situation, can you please share your experience?

[mmoonstone]

These days even if the project is for few months, extension is approved for 3 years with an approved I-140. I got mine approved for 3 years beyond 6 years. I have applied on June with the client letter until Sep 30th 2011. I got approved for 3 yrs until Jun 2014.

[niyochat]

Thanks mmoonstone. thats good news. was it a full time position or IT consulting (EVC)?

[mmoonstone]

Consulting work. I work at client site.