Change in Employers: H1B Transfer Post 6 year term/I-140/No I-485

[askmurthy.com@gmail.com]

Hello,

 

My 6 Year H1B term completed and am currently on 3 year extension based off I-140. I-485 has not been applied yet. I am looking forward to change employers. The new employer would start GC few months after joining

 

Would you please help answer the following questions I have:

 

1. If the new company applies for my H1B, my understanding is that this approval would be based off the current I-140. Would the validity of new H1B be same as the my current H1B validity? Or, would it be for 3 years from start date of new H1B?

 

2. If current company should decide to revoke my I-140 after the H1B with new employer is approved, would that have any effect on the new H1B and it’s validity? I guess not but am a little doubtful since I have passed the 6 year H1B term. What would be the impact on my Priority Date – can I keep it?

 

3. If current company should not revoke my I-140, then can the new company extend H1B for another 3 years based off this I-140 – just in case there should be any GC processing delay through them?

 

Thank you in advance!

[jairichi]

1. If I-140 is valid at the time of adjudication you get 3 years or based on supporting documents.

2. No effect. Recently it has been stated by an attorney in forum not for everyone PD can be retained as it decided on a case by case basis.

3. Refer 1.

[cos2788]

I am in similar situation but a bit different. 

 

I got 140 approved in May 2014, and completed 6 years of H1b in June 2014. I was approved for 3 years ext from July 2014 to July 2017 with Employer A. 

 

In June 2015, new employer B applied for H1b transfer requesting 3 years with copy of approved 140. It has been 5 months, since its regular processing, the H1b transfer decision is still pending. 

 

I requested employer A to keep the 140 till my transfer is approved, but I have not been to get in touch with them in last 2 months. Worst case scenario, assuming he has withdrawn the 140, will the transfer be approved till the current H1b period which is July 2017? Is there any problem? Please advise, current employer is huge fortune company, and their law office people reviewed by case before filing. Thanks.

[askmurthy.com@gmail.com]

Sorry about the delayed response. 

 

Thank you Jairichi. I spoke to two attorneys and they have confirmed the same too. I have received my 3 year H1B approval. Both the attorneys have affirmed that the PD wouldn't change. 

 

Cos2788 - I have not asked this specific question since my H1B was applied via premium processing. But from my conversations with the attorneys, I think the state at the time of application is considered - i.e. your I-140 at the time of application would still be considered and you would get a 3year H1B. I hope others in this forum can provide their inputs too and I suggest you ask this question with the attorney who applied for your new H1B.