H1B 6 Years Expiring-03/22/09 and Layed off

[mij2ee]

Here is current situation:-

1. Completing 6 Years on H1B (i.e 03/22/09)
2. Employment with Company A has been Terminated on 01/13/09.
3. Labor was approved through Company A-05/14/2008.
4. I-140 Petition filed through Company A-06/24/2008
5. One Year H1 Extension was been applied through Company A and got approved-01/14/09
6. Company A will cancel the H1B Extension in due time.

With above scenario I won't be able to stay in US after 45 days from 01/13/09.

Can I Transfer approved 1 Year H1B Extension to Company B which was approved based on Labor Certification applied by Company A ?

Appreciate your quick response.

[txh1b]

You possibly could however, there is a lot more to it. Read the Neufield memo. If the company cancels the I140, the labor is void and any accompanying extensions received as a result of that labor could be void as well from my understanding of the memo.

Consult a professional.