H1B transfer and extension after I140 withdrawal by old employer

Hi Anil, I have a question related to H1 transfer & GC Process.

I140 approved, filing H1B transfer

I have my I-140 approved with my employer A on Aug 2016.

If I transfer my H1 to another employer B, My employer A would withdraw my approved I-140.

Suppose if I receive the transferred-H1-Visa with validity just for 1 year, Do I need to get my PERM & I-140 approved within 1 year to extend further beyond 1 year with employer B ?

Hi @arputhamsam

You can use your old employer’s I140 to keep extending your #usa:h1b .
But, to file for your Green Card (i485), you would eventually need a new PERM and I140 at the time when your priority date becomes current.

So, in a nutshell, you do not need to immediately file PERm and I140 in the first year of your H1B transfer. After 1 year of your H1B (as you have hypothetically assumed), you can still use old I140 to further extend your H1B.

More information:

Thanks for the reply. The post answers lot of questions.

You are welcome. Let me know if you need more information.

Hi,

I have applied for H1 Extension & I my current I797A expiring by Oct 4th 2018. If USCIS deny my I-129 petition before Oct, will I go out of status & need to move out of country immediately? or I can stay until Oct 4th
legally?

I have one more question; is the H1 transfer & H1 transfer+extension are different? Do the employer explicitly ask for the extension during H1 transfer?

If your existing H1B is valid, it will remain valid till it’s expiry date.

H1B extension application is for future time after your current H1B’s expiry which in your case is Oct 4, 2018.

H1B transfer is for changing employer.
H1B extension is for extending stay within US with same employer.

When you file transfer and if it gets approved, your stay is automatically extended based on the new expiry date that you get after transfer approval.

Thank you for the quick reply!

I want to get consultation on my wife’s H4 EAD RFE case. My I-140 was approved in 08/2017 from company A and i left my employer in 04/2018. My employer filed for withdrawing i140 in 08/2018 to uscis and it got approved. Technically it should not be withdrawn as I was with my employee more than 180 days right? Uscis has to check for my i-140 was approved since more than 180 days of withdrawn request. My new company B has not filed for my I-140 yet.

Due to this, my wife got RFE in H4 EAD extension. In REF USCIS asking for approved copy of I-140.

Hi @Akshay_Pitale

You should talk to your employer as to why they withdrew the i140. If it has already been withdrawn. you cannot do anything now.

Hello Anil - Quick question… My i140 was approved with my previous employer (emp A incase this case) and they just withdrew the application as i am no longer with them it was well beyond 180 days so i should be able to retain the PD.

I am currently with employer B who has not yet started the i140 porting process. However i have new opportunity with employer C so i want to transfer H1B there.

Do you think i will face any issues trying to transfer my H1B to employer C? I am asking since my 140 is now in withdrawn state. This will be my 4th extension

Thanks
Amit Ladhani