New Job.. New i-140?

[msv123]

We have an employee in our startup company (Company C) with the following situation:

Employee History:
First H1-B with Company A – Dec 2006
H-1B Extension with Company A – Dec 2009
H-1B Transfer to Company B – Mar 2011
PERM ETA 9089 – Apr 2012 (priority date)
i-140 approval with Company B – Oct 2012
H-1B Extension with Company B – Sept 2013
H-1B Extension with Company B – Sept 2016
H-1B Transfer to Company C – Feb 2019 valid until Jan 2022 (current) [same job title and responsibilities]

Currently, Company B is not actively conducting any business. I-140 of Employee was not withdrawn.

Questions:
1) Can Company C apply for the next 3-year H-1B extension in 2021 without an i-140 with Company C?
2) Is it recommended to apply PERM and i-140 with Company C? or can we use the same i-140 for the EB2 i485 (if priority date becomes current eventually), with Company C?
3) Can the priority date be retained on the new i-140 (if needed)

Thank you for your time and guidance.

[rkk09]

Hi,
Please see my response below..
1) Can Company C apply for the next 3-year H-1B extension in 2021 without an i-140 with Company C?
Answer: Yes. You can extend your H1B with any Employer with the help of your previously approved I-140 with previous Employer. Only constraint is, your previous I-140 Approved petition should not have denied/withdrawn/revoke due to fraudulence.
2) Is it recommended to apply PERM and i-140 with Company C? or can we use the same i-140 for the EB2 i485 (if priority date becomes current eventually), with Company C?
Answer: its better to apply new PERM and I-140 with current Employer in order to file I-485 in future.. Good option you will have is, you can recapture your priority dates. At the time of I-485 filing, If the Job offer is still available with your previous Employer who filed your PERM and I-140 then you will not have any issues.
3) Can the priority date be retained on the new i-140 (if needed)
Answer: Yes. You have that option.
Thanks