H1 extension/transfer upon I 140 Approval


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I'm right now with an Indian company 'A' (permanent role)and my max 6 yrs are going to complete on H1B by July 17 2016. ComPany 'A' didn't filed for GC. I approached company 'B' (small consulting company)which they initiated and filed PERM on June 30 2015.Now I have my case approved and in the processing of filing I 140.I'm trying to get a new job so that i can shift to company 'B'.Company 'A' says I need to plan to travel back to India by 30th June 2016.

My question is:- lets say i go back to INDIA on July 15th 2016 , and my I 140 is approved while i'm in india, should i get a new H1 or first I need to transfer the my existing H1 and then get an extension.

Please suggest me some more options I can think of.


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  • 4 weeks later...

In this case, I suggest you request your company B to apply for your I-140 in premium immediately. You will receive a decision in 10-15 days. Based on the approval, request company B to immediately file for your H1 extension.

All this should happen before your current H1 petition expires or before your last day with company A (whichever happens first).


Once your receipt is generated for the H1 extension, then you are safe. This wont create an out of status period on your records too.


I wouldnt suggest you to travel outside of US at this point in time. Please finish all the above steps and travel on the new approved H1 petition. this will also enable you to get a new H1 visa stamped before you return.

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