H1B transfer after I-140 approval

[aragorn]

Hi,
My I-140 is approved and I have 1 Year left on my current H1B (out of the initial 6 year period). Now if I want to switch to a new company, will I get a 3 year H1b based on my approved I-140 or will I get only for one year?

Thank you

[shervin143]

The employer can request for 3 years when they file the transfer based on your approved I-140. However, there is no guarantee that you will get 3 years. USCIS will only approved it based on the work shown while filing I-129. If the employer is a consultancy company and if the client letter is only for 1 year, then you will get only 1 year when you transfer your H1B. In cases like this, it is advisable to join the new employer only after making sure the transfer is approved for 3 years. If not, you won;t have enough time to file and get an I-140 approved with the new employer to file further extensions if the previous employer revoked their I-140.