H1B Transfer using approved I140

[kris01]

I am mentioning my case and query below.

I was working with previous company A on H1B between 1996 and 2000.

I still have more than a year of my previous H1B.

My previous company A no longer exist.

My I140 was approved in February 2001 from my previous company A and is still in active status.

I am currently working with company B in India.

My current company B is ready to file by H1B Transfer.

I want to know can my current company B file my H1B Transfer/extension using the approved I140 of my previous company A under cap exempt
category?

Please let me know what are my options to get a H1B transfer at the earliest.

I would appreciate as many replies and answers for this query.

Thanks in Advance.

[shervin143]

If the company that filed your I-140 no longer exists, then that I-140 is no longer valid even if it is no revoked by the employer. I highly doubt if you will be able to successful in getting the H1B approved using a CAP filed in 2000 and with an I-140 from a company that doesn't exist anymore.

[kris01]

If the company that filed your I-140 no longer exists, then that I-140 is no longer valid even if it is no revoked by the employer. I highly doubt if you will be able to successful in getting the H1B approved using a CAP filed in 2000 and with an I-140 from a company that doesn't exist anymore.

Thanks for the reply. My query is if I-140 is not valid Why it is still shown as I-140 approved status in USCIS website when I enter my LIN# to check case status. I am curious to know if it is not valid it should not be shown.

[shervin143]

It really doesn't matter whether that I-140 is currently active or not. If the employer or USCIS did not revoke the petition, then the USCIS website will show the last status of that petition. The question is, even if it is active, will you be able to use it? If you file a H1B petition based on that I-140, USCIS will ask you to prove the employer is still interested in proceeding with your GC process since that I-140 is almost 15 year old. Yu can certainly give it a try and see how it goes.

Thanks for the reply. My query is if I-140 is not valid Why it is still shown as I-140 approved status in USCIS website when I enter my LIN# to check case status. I am curious to know if it is not valid it should not be shown.