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H1B visa validity with new employer when old employer withdraws I 140 (Please answer to below questions one by one with Yes/No)

Garden City, NY |

I am currently working with Employer A on my 7th year of H1B visa. My H1B is approved till Feb 2015 based on my approved I 140 with Employer A. I got a good offer with Employer B.
I am aware that based on my approved I 140 with A, B can file a H1B transfer. B will file H1B Transfer (premium) for 3 years and get it approved before Employer A withdraws the I 140.

After H1B approval with B - if Employer A withdraws the I 140:

1. Will the 3 years approval with new employer B be still valid?

2. Will I be able to port PD based on the withdrawn I 140?

3. I am travelling to Bahamas that time. Can I re-enter US with Employer A's visa and Employer B's approved petition?

4. If Employer B files PERM and I 140 within the 3 years, can B file extensions?

Please advise on the above questions. Thanks

Attorney Answers 1


This is not the forum for your very case specific questions.

You need to speak to the attorney that will be filing the H-1B Transfer. They will be familiar with your case, have access to all your documents and be better able to give you an informed consultation.

Law Office of Marc Taylor, Esq. PC,, 888-645-6272, , 224 W. 4th Street, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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