PERM Filed in Sixth Year and approved after H1 expiry---Options for H1 and I 140?

[robintanner]

Hi,

I was with company A and moved to company B (company B separated from company A)
Company A and B are in good terms on immigration related activities.

I started working for company A in 2011, they applied for my PERM in Sept 2013 as my H1 was expiring (completing 6 years) on FEB 20 2014.
In October 2013, my H1 was transferred to company B and got approval in October 2013.
After I got the I-797 approval for company B, company A cancelled my H1.

I did not get my PERM approval before FEB 20 2014, so I applied for COS to H4 and was on H4 since then.
Got my PERM approval in APRIL 2014 and waiting to file my I-140 by company A.

I had couple of questions before my I-140 was filed:
- After I -140 is filed and approved. Can Company A file H1 based on that I-140 approval?

Once H1 approval comes through for Company A, Can Company B use that H1approval to file for H1 transfer?


- After I -140 is filed and approved for Company A, Can Company B apply for H1 extension based on that I-140 directly?

Eventually wanted to work for Company B, could you please suggest what are the best options?

Thanks,
RObin

[raghvi]

Hi,

I was with company A and moved to company B (company B separated from company A)
Company A and B are in good terms on immigration related activities.

I started working for company A in 2011, they applied for my PERM in Sept 2013 as my H1 was expiring (completing 6 years) on FEB 20 2014.
In October 2013, my H1 was transferred to company B and got approval in October 2013.
After I got the I-797 approval for company B, company A cancelled my H1.

I did not get my PERM approval before FEB 20 2014, so I applied for COS to H4 and was on H4 since then.
Got my PERM approval in APRIL 2014 and waiting to file my I-140 by company A.

I had couple of questions before my I-140 was filed:
- After I -140 is filed and approved. Can Company A file H1 based on that I-140 approval?

Once H1 approval comes through for Company A, Can Company B use that H1approval to file for H1 transfer?


- After I -140 is filed and approved for Company A, Can Company B apply for H1 extension based on that I-140 directly?

Eventually wanted to work for Company B, could you please suggest what are the best options?

Thanks,
RObin

Prima facie it appears that what you planning is possible but you have to take the paperwork to an immigration attorney who can understand the relationship between A and B and advise accordingly.

This is my opinion not legal advice.