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H1B extension on approved I-140

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  • H1B extension on approved I-140

    Hi All,

    Currently, I am with company A (large consulting firm) and willing to move to company B but my situation is as stated below and needed guidance from forum experts:

    Current Situation with Company A:

    H1B status: I am on H1B which is currently valid till May 10th 2014 but in between I was outside US for 180 days so I will complete my 6 years on H1B in November 2014 (May 2014 + 180 days) .
    I-140 status: With Company A, I already have approved I-140.


    Now, If I move to company B and apply for H1B transfer and for extension on existing I-140 (Before I give resignation with company A as they will revoke my approved I-140 with-in 2 weeks I will quit them) and get H1B transferred with only 1 year extension. In this scenario, I have following questions:

    1) In above scenario, To minimize the risk If I choose not to switch from company A and let the company B go with transferred H1B and extension. Is it possible to do legally and will it impact my ( company A ) existing I-797 and current I-94 (Considering it has become online now)?

    2) Later, Can I apply for H1B extension on my currently approved I-140 with company A? and will there be any impact because of the point 1?

    3) If Company B chooses to close transferred H1B and extension, will it impact my current H1B or approved I-140 and will the Company A will ever come to know about this?


    All these questions are considering that my H1B is transferred to company B and I only get one year extension because If I get 3 years of extension with Company B then everything will fall in place.

    Appreciate the quick response on it as I have to take decision with-in a week.

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