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Imp: Query on transferring employer when I-140 is already done

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  • Imp: Query on transferring employer when I-140 is already done

    I am on H1B visa and my I-140 is approved (work full-time for a MNC with employee size greater than 100000, say Employee A). My priority date is Nov 2010 and category is EB2. My current H1 visa with Employee A will expire in September 2014. This is the first three-year extension based on my I-140 approval. I have already used 6 years of my H1.

    I am planning to change employer. I have nearly finalized to join another leading bank in full-time position (say Employer B). I understand that I will get my initial H1B with employer B for next 3 years (till 2016) based on my approved I-140 with Employer A.

    Some people say saying that as far as my priority date does not go retro, employer B (or any other employer, say Employee C) can use my previous approved I-140 petition (filed by Employee A) to extend my H1B visa by 3 years beyond 2016 even if the employee A cancels my I-140 petition. What I understand is with employer B after 2 years of my joining, say on June 2015, if my priority date of Nov 2010 has not passed, then I am still eligible for another 3-year H1B extension from 2016 to 2019 merely based on the initial approved I-140 petition even if the employer A has cancelled my I-140 petition before 2015.

    My questions :

    1. Say after 1 or 2 years of joining employee B, in 2014 (or 2015), if I plan to change my employer again to say Employer C, will I still get a H1 for 3 years from that point ? Thus can I assume that if change to employer C (from Employer B) in 2014, I will get H1 till 2017 with employee C based on approved I-140 from employer A even if employer A has cancelled my I-140 before 2014 ?

    2. Is it that if my current employer (A) cancels my I-140 petition, although I can still use the priority date forever but I cannot get a H1 extension based on the cancelled I-140 petition until the new employer files my GC (starts with Labor at least 1 year before expiry of my H1 expiry date or has a new I-140 approved before my H1 expires with the new employer, in this case 2016) ?

    There's a lot of confusion on this. If any expert on this forum can please answer my questions that will be great !

    Thank you.

  • #2
    Please respond ! :-)