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H1B Transfer when 6 years are close approaching

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  • H1B Transfer when 6 years are close approaching

    My 6 year H1B will be up in July 2015. I have an approved I140 with Company A. I am thinking of moving to Company B.

    1. Can Company B file for a H1B transfer before July 2015?

    My understanding: Yes, but, the H1B will be valid only until July 2015.

    2. Can Company B file for a H1B extension based on approved I140 from Company A?

    My understanding: Yes, Company B can file for a H1B extension for 3 years, provided that Company A does not revoke the PERM application and with the understanding that the applicant returns to work for Company A (after Green Card approval)

    3. If 2, then Company B can eventually start their own PERM application process?

    My understanding: Yes

    Company B & Company A are owned by the same people and are right next to each other. They share common Accounting, HR and Admin staff. But, they are set up as two different entities.


    Are my understandings correct & what would be the best course of action?

    Thanks for any advice.

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