H1B extension on approved I-140

[[email protected]]

Experts,
Please advise if there is any risk involved in changing jobs after 6 years on H1 and with an approved I-140?

Here is my situation -
I-140 was approved last year 2014 with current employer AAA and my 6 years on H1 just got ended in Sept 2015. My current employer AAA has filed for H1B extension on the basis of approved I-140 with them but we have not received the approval yet. If i switch to employer BBB then they will file H1 for 3 years based on approved I-140 ( from employer AAA). Will it affect if employer AAA revokes I-140 before H1B with Employer BBB is approved?

Or should I be able to get 3 years of H1B and be able to use the same priority date for my GC even if Employer AAA revokes I-140 anytime? Please advise. thanks in advance.

[shervin143]

You are asking about 2 different things.

1) To transfer your H1B beyond 6th year, you need to have an approved I-140. Since you have an approved I-140, you will be able to transfer your H1B. But just because you have an approved I-140, it doesn't mean that you will get 3 years blindly on your transfer. Extension will be approved as per the documents submitted by the employer. It can be anywhere from few months to 3 years. If your current employer withdraws your I-140 petition once you quit, then to extend your stay further with your new employer, you need to have an approved I-140 with them. For all that to work, you should join the new employer ONLY if the transfer gets approved for 2-3 years. Anything less than that is a big risk.

2) You can retain your priority date even if the previous employer revoked their I-140. As long as you have a copy of your I-140, this can be done.