H1B renewal/transfer scenarios on approved I-140


cooljim

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My I-140 with Employer A (current) was approved more than 6 months ago, My current H1B expires on October 21st 2016. My employer will be filing for a 3 year extension soon.

My current employer has mentioned that they usually do not cancel GC even if an employee moves to another employer. 

Based on above:

 

Q-1) Is it safe to move to another employer (Employer B) and get a 3 year H1B renewal based on current I-140 (approved through Employer A ) without having to wait for H1b renewal though current employer?

 

Q-2) While my H1b renewal is pending through current Employer, can Employer B file a H1B transfer?

 

Q-3) If I move to Employer B and let's say before Employer B got my I-140 approved and I have to leave Employer B due to any reason and move to Employer C. Can the original I-140 from Employer A be used by Employer C to get a 3 year H1B approval? (Assumption : Employer B didn't apply for my GC process)

 

 

Thanks

 

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  • 1 month later...

Ok so from what I understand is that I am eligible for 3 year H1b extension through another employer if my I-140 is approved through current employer and as far as my current H1b is valid (even if expiration date is couple of months away).

 

Does anyone know the answer for Q-3)  or  Q:How long is my First/Original I-140 useful for?

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Ok so from what I understand is that I am eligible for 3 year H1b extension through another employer if my I-140 is approved through current employer and as far as my current H1b is valid (even if expiration date is couple of months away).

 

Does anyone know the answer for Q-3)  or  Q:How long is my First/Original I-140 useful for?

 

You will get n number of 3 year approvals on H1B (there is no limit as of now) if you have a approved I140 with any employer which is not revoked..

 

Hope this answer your question...

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  • 2 months later...

You will get n number of 3 year approvals on H1B (there is no limit as of now) if you have a approved I140 with any employer which is not revoked..

 

Hope this answer your question...

 

Thanks for clarification.

 

Is there any regulation yet which prevents an employer from withdrawing I-140 after it has been approved certain amount of time ago (e.g more than a year)?

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