I have an approved I-140 from current employer. My H-1B is valid for 1 more year until June2017. I got an offer from new employer who is willing to transfer my H-1B and file for Green card after 6 months from joining date.
I agree with my colleague - your primary source of information here should be the new employer's attorney responsible for filing the petition.
generally speaking, with an approved I-140 and a priority date that is not yet current, you can apply for a period of up to three years after the end of your initial six years of H-1B status. but, you can't get longer than three years in a single approval - if you have one more year in the initial six year period, plus any "recapture" time (time spent abroad during the initials ix years that can be "recaptured" and added to the end of the initial calendar six years), you would exhaust this before gaining any post-sixth-year extensions time.
Your new approval wouldn't be for more than three years no matter what.
Speak with the new company attorney.
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So ... please tell us what the immigration lawyer working for the new company said ... then we'll be happy to comment on his/her legal opinion.
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Yes, if the I-140 remains valid and the sponsor ship continues.
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