H1 transfer to new employer on I-140 after 6 years with expire visa

[Banu Shiva]

Hi All,

I am on H1B with Company A which is expiring on Sept 11, 2015 (6 years are complete after reclaiming the lapse times) and my H1B extension applied on Oct 09 2015 and not yet approve. My Greencard is in process and I have a copy of approved I-140.

My employer end my contract on 12/19/2015


In the meantime, I have got an offer from Company B (a consulting firm).


Please let me know: if Company B is able to file for my visa transfer (based on my approved I-140) before my visa expiry date, what are the options available to me to still work for Company B.

1. Can my new Employer Company B file for the transfer even after my visa expiry date and my new H1B visa petition not yet approve?
2. Are there any other options available to start working with this new employer?

[shervin143]

Are you still working in U.S? If your H1B 6 years are over by Sept 11, then how are you staying and continuing to work? Was the H1B extension filed based on the approved I-140?

1. Can my new Employer Company B file for the transfer even after my visa expiry date and my new H1B visa petition not yet approve?
>>> Possible if that I-140 is still valid (not revoked by the employer).

2. Are there any other options available to start working with this new employer?
>>> If you have already completed 6 years in your H1B, then there are no other options. You cannot work until the new employer's H1B gets approved.