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H1 ->H4 ->H1 transfer after 6 years with approved I-140 from old employer

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  • H1 ->H4 ->H1 transfer after 6 years with approved I-140 from old employer

    Hello All,

    I was employed by company A on H1B visa until October 2014. They filed for my GC and I have an approved I-140. I was laid off in October 2014 and I decided to switch to H4 visa. In October 2016, I started a new job with employer B on H4-EAD. My H1B visa is valid until March 10 2017. Company B has now agreed to file for my H1B. What are my options?

    Can company B simply transfer my H4 visa back to H1 based on approved I-140 from previous employer A? If so, will I get 3 years extension and can I keep extending beyond the 3 years based on approved I-140?

    Or will company B have to file for new H1? Since my H1 visa was valid only till March 10 2017 (4 more days), does it make my case difficult?

    I am trying to transfer back to H1 as H4-EAD rule might get revoked any time. Any help with my questions or helpful directions are greatly appreciated.

    Thank you!!
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