I-140 approved but old employer office shutdown - how does it affect H1 extension?

[abalde2]

Hi,

As per my knowledge, I can get H-1B extension for 3 years using an approved I-140 from my previous employer. However, the branch office of my previous employer(where my i-140 was approved) was shutdown. The employer is still in business at other locations in US though.

Is it still possible for my current employer to use the i-140 approval in order to get me a 3 year extension?

Thanks!

[txh1b]

It is tricky. Your employer must show that all jobs available at the location from where the I140 was filed are still available on a permanent basis.

If an office has closed, it is arguable that all jobs at that location have vanished into thin air unless your labor explicitly states "Various Locations" and/or "Relocation May be required".

Talk to your attorney. It needs further analysis of documents.

[abalde2]

Thanks for the answer.

How would USCIS know that the old office location of my old employer has shutdown?

Thanks.