I-140 H1B extension- Now sure. Can someone help - Urgent

[hikes]

Hi,

My H1b 6 years ends Nov 27, 2016.
My I-140 got approved just yesterday and now I think I'm eligible for 3 years of h1B extenstion.
My current employer is not willing to extend my H1b any further after Nov 27, 2016.

Questions:

1) Can I transfer my H1b to another employer even if my current employer does not file for my h1b extension ?
2) Will my current employer know about it ?
3) What are the other options I have ?

Thanks.

[raghvi]

Hi,

My H1b 6 years ends Nov 27, 2016.
My I-140 got approved just yesterday and now I think I'm eligible for 3 years of h1B extenstion.
My current employer is not willing to extend my H1b any further after Nov 27, 2016.

Questions:

1) Can I transfer my H1b to another employer even if my current employer does not file for my h1b extension ?
2) Will my current employer know about it ?
3) What are the other options I have ?

Thanks.

Is employer planning to revoke the I140?

[hikes]

No they will not revoke my I-140

[hikes]

can someone help ?

[devspace]

Hi,

My H1b 6 years ends Nov 27, 2016.
My I-140 got approved just yesterday and now I think I'm eligible for 3 years of h1B extenstion.
My current employer is not willing to extend my H1b any further after Nov 27, 2016.

Questions:

1) Can I transfer my H1b to another employer even if my current employer does not file for my h1b extension ?
2) Will my current employer know about it ?
3) What are the other options I have ?

Thanks.

Response

1) If your intention is to extend your legal stay i.e extending the H1 status to another 3 years based on your approved 140 petition , then i must say its mostly unlikely. Reason being
a) your new employer need to apply for Labor and I-140 again. For them to file the PERM again they must have to wait until for 6 months which is USCIS norm after publishing the ad and getting all formalities done ( EB2 and EB3). Only when your perm is approved the situation of porting your already approved I140 comes in to picture. Considering your previous employer didnt already revoke it .if old employer revokes I-140 then priority date cannot be be necessarily maintained and you have to start the whole damn process again

Based on what you wrote, you will most likely end up in a situation where you might have to leave the country for a very brief period of time, assuming your employer agrees to initate the GC process very quickly after you joining them, which is again a very tough find.

Not a legal advise. Please seek attorney or experts opinion