Reg H1 Transfer with I140 approval

[sashee]

Hi Friends:

I have a question and hope I would get an answer in this forum.

I am with Company A, which is processing my GC and I got my I140 approved last November. My H1B is expiring this September. while making arrangements for my Extn, I found out my company's financial situation is very bad and I also heard there was an audit hit recently.

Suppose If I transfer my H1B, at this stage, to Company B, is there any possibility that I can port my I140, priority dates, after getting the labor approval through Company B?

Even If I am able to, Is there any chance that my current company can stop me doing this porting in future by any chance? If soo what are those?

I am so scared to go for Extn with my current company as there are many chances of getting query. At the same time I dont want to lose the time spent on my GC all these days.

Please advice me. Thanks in advance.

Shashipreeth

[txh1b]

You need to get the new H1b based on the approved I140 copy with a new company. The PD from the older labor can be recaptured.

It isn't clear what happens if the I140 is revoked by the employer. A recent memo talks about the unlying petition which gave you the extension is not valid, the extension isn't either. So, if you are in the 6th year of H1b, you need to consult an attorney to discuss more specifics.

Your new company has to restart the whole process from labor but can only retain the older PD.