Company change after I-40 approved - H1B transfer ?

[ronny321]

Hi All,

 

Need some help here, here is my case: 

 

Working with company 'A' for last 5 years.

 

* Valid H1B till Nov 2016

* I-140 expected by 9/30/2015

 

Planning to move to another company 'B' after I get 1-140 ( around oct 2015) . Questions:

 

1) When company 'B' files for H1B will i get 3 years or 1 years H1B transfer/extention ? what will be my new H1B expire date?

 

2) If only 1 year, and lets say company 'B' files new PERm by Jan 2016. With my h1b expriing in Nov 2016 how will I be able to file for h1b extention? ( since new PERM wont be 365 days old and I dont expect the new i140 be cleared by then)  Can I use my OLD I-140?

 

Will appreciate your inputs!

 

Thanks,  

[jairichi]

1. Only if I-140 is valid.

2. Old I-140 van be used as long as it is valid.

[ronny321]

Thanks jairichi for your response.

 

 

Can you please explain what exactly you mean by "valid" ? Does that mean NOT revoked?

 

Also, can you also explain what determine the old company to revoke the PERM?

Do all company revoke the PERM as soon as the candiate leaves?

[jairichi]

Thanks jairichi for your response.

 

 

Can you please explain what exactly you mean by "valid" ? Does that mean NOT revoked?

 

Also, can you also explain what determine the old company to revoke the PERM?

Do all company revoke the PERM as soon as the candiate leaves?

You get new 3 years based on approved I-140 with employer A only if at the time of adjudication of H1B petition with employer B the approved I-140 is not revoked.

Not all but majority of employers revoke I-140 once you leave them. This you need to clarify with employer A.