In 5th Year of H1B with approved I-140. Can i get 3years of H1B with a H1B transfer now. ..?


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I am in the 5th year of my H1B. And i have still 16 months (9 current +5 with an extenson + 2 recapture ) remaining on my H1B to complete 6years . My current company ( say company A) filed my LC and I-140 and i have copy of approved I-140 with me ( i had to for I40 though :-( . )

1. During immediate H1B transfer to companyB from company A, will I get the remaining 16months

of H1B or 3years H1B possible if approved I-140 of companyA is used while transferring. .?

2.I see in some posts that to get new 3years H1B with approved I-140 you need to be in the 6th year of your H1B period.

But Some posts are contradicting saying as long as your I-140 is not revoked by holding employer ( like CompanyA in my case)

and you have I-140 copy it does not matter whether you are in 4th year or 5th year or 6th year of your H1B validity period ,

you will always receive 3 years of H1B when transfer happen.

Which one is correct ..?

3. Can the companyA able to withdraw or revoke approved I-140 even if

it is NOT for fraud or misrepresentation ..?

Can you please share your knowledge.


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