H-1B transfer with approved I-140 from previous employer

[cl37]

Hi,

I have an approved I-140 from Employer X which was my previous employer.

My current employer, Employer Y, has already filed for my PERM, and the lawyers are in possession of my I-140 approval form. Also, my 6 years of H-1B are expiring in September this year. I am aware that if my current employer applies for H-1B extension, I can get additional 3 years of H-1B renewal based on my approved I-140 from previous employer.

However, I wish to change my job immediately, so when I transfer my H-1B to the new company, can I get the 3-year extension based on the approved I-140 from Employer X? I do not wish to ask the lawyers for my I-140 approval as I do not wish my current employer to know I am planning to change jobs until the formalities are done.

Or, alternatively, will my H-1B get transferred to the new employer with the same Sept 2016 expiration date, and they can later apply for extension based on the approved I-140 from employer X?

Is it not advisable to change jobs until I get 3 additional years of H-1B approved through my current employer?

Thanks.

[shervin143]

You can file a transfer as long as the I-140 from employer X remain valid (assuming you have a copy of it). If that employer withdraws the I-140, then a transfer is not possible. That is why it is advisable to join the new employer only if you get 3 year extension. Otherwise, if you get 1 year extension and if you join them and if the previous employer withdraws the I-140, you cannot file further extensions since the current employer won;t have enough time to file and get both PERM and I-140 approved for further extensions.