H1B layoff. New company transfer + extension ?

[anishNewbie]

I am currently employed by Company A on my 9th year of H1 and already have an extension approved for the next 3 years starting in October2017 till 2020. My company A announced recently that they will be laying some team members including me off by end of May. My question is when I find a new job with Company B in the next few weeks.

Would the Company B have to apply for new H1 or would it be an H1 transfer ?
If it is an H1 transfer, then would they also have to apply for transfer+extension OR can Company B use the current extension approved with my current company A from Oct 2017-2020. ?

Thank you

[anishNewbie]

Bump..
Please if somebody knows the answer to my questions.

[raghvi]

I am currently employed by Company A on my 9th year of H1 and already have an extension approved for the next 3 years starting in October2017 till 2020. My company A announced recently that they will be laying some team members including me off by end of May. My question is when I find a new job with Company B in the next few weeks.

Would the Company B have to apply for new H1 or would it be an H1 transfer ?
If it is an H1 transfer, then would they also have to apply for transfer+extension OR can Company B use the current extension approved with my current company A from Oct 2017-2020. ?

Thank you

New H1/H1 transfer are not the correct terms. One should use Cap Subject or Cap Exempt Petition (I129 - approval of which results on I797) instead. Each H1 employment typically has its own I129/I797 combination. In your case B has to file a new Cap Exempt I129, and approval of this will get B a new I797 which will determine the stay validity. You will have to provide B with copy of I140 in order for them to do so.

This is my opinion not legal advice.