H1B Transfers with Approved I-140: Clarification?

[AnneGodkoyj]

1. In the scenario where I transfer my H1B from employer A to employer B without initiating a new Green Card process, specifically without filing a new PERM or I-140 petition, what would be the outcome? Will I be required to depart the country upon the expiration of my current H1B, or can employer B continue filing for extensions using the previously approved I-140 from employer A?
2. If I decide to change jobs once again and join a different company, let's say company C, will the original I-140 approval from employer A still remain valid for the transfer?
3. Suppose I choose to return to my home country for a few years. Can a company file for a cap-exempt H1B on my behalf from my home country, utilizing the initially approved I-140 from employer A?

[DunogRamedu]

In the scenario where you transfer your H1B from employer A to employer B without initiating a new Green Card process (without filing a new PERM or I-140 petition), the outcome will depend on certain factors:

1. H1B Extensions with Approved I-140: If you have an approved I-140 petition from employer A, and it has not been revoked for any reason, employer B can use it to file for H1B extensions on your behalf. This means that as long as the I-140 approval remains valid, employer B can continue filing for H1B extensions for you without the need to start a new Green Card process.
2. Changing Jobs to Company C: If you decide to change jobs again and join a different company, such as company C, your previously approved I-140 from employer A may still remain valid for the H1B transfer. As long as the I-140 has not been revoked, it can be used as the basis for future H1B transfers and extensions, regardless of whether you have changed employers.
3. Returning to Your Home Country: If you choose to return to your home country for a few years and later wish to work in the United States again, a company can file for a cap-exempt H1B on your behalf utilizing the initially approved I-140 from employer A. Cap-exempt H1B petitions are not subject to the annual H1B visa cap, so you can use the previously approved I-140 to apply for an H1B visa without being subject to the lottery system.

However, it's essential to keep in mind that immigration regulations are subject to change, and individual cases can have unique circumstances. It's advisable to consult with an immigration attorney or an authorized representative to get personalized advice based on your specific situation to ensure compliance with the current immigration laws and procedures.