Can I move to an employer with old petition that I never worked for?


Sam009

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Hi, 

I am with employer A for about 6 years now and got my I-140 with them with a PD of July 2011. I am in my 3 year extension with a valid petition until May 2016. I got a job opportunity with company B in Aug 2015 and got my H1 transferred to them but did not join the company. The petition is valid till Aug 2018. So still working for company A. 
 

Questions: 
 

1. Can I move to company B now on the old H1 transfer that is valid till Aug 2018 that I got in Aug 2015? 
 

2. If I get an extension with company A now, and a valid 797 for next three years, can I still go to company B on the old petition? Or this new petition from company A overrides the petition from company B? 

3. Is it right time to change the companies or do we expect either I140 EAD or movement in priority dates? 

Please advise. 

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