H-1B transfer with I-140 approved a month ago

[calzone]

Hello,

 

I have a query on H-1B transfer to a new employer with I-140 approved a month ago. Will this be a problem? Based on my understanding even if the current employer revokes I-140, the date can be ported. But i am not sure about how long do we have to be with the current employer with I-140 and then move to new.

 

Please advice.

 

Regards

[jairichi]

There is no restriction to stay with employer after approved I-140. An attorney in this forum had responded once to a query that they have come across instances where PD could not be ported when employer had revoked or withdrawn I140. Talk to an attorney to be sure.

If employer revoked I140 before approval of transfer and if you are nearing 6 years on H1B then you will get no extension on H1B.

[victor_26]

Do you man you got RFE with your H1B transfer?

 

It is usually recommended to join the new employer after approval to avoid risk of your 140 being revoked by your previous employer while your H1B transfer is in process. Incase you have maxed out your 6 years of H1B and your extensions are based of the approved 140 then your extensions will be voided incase the 140 is revoked.

 

If premium is something you can go for then that should help to get decision soon on your transfer.