Can I get 3-year H1B extension using approved I140 with my previous employer?

G

GCWaitPain

Registered Users (C)
I have an approved I140 with current employer A and A has just filed my 3-year H-1B extension using regular processing.

If I decide to switch to employer B, can I ask employer B to fill 3-year H1B extension using the approved I140 with A?
Or should I wait for the H1B extension to be done in A then make H1B transfer?

greately appreciate your comments
 
This is a Q&A on page 9 of May 12, 2005's William R. Yates regarding Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and
Form I-485 and H-1B Petitions Affected by the American Competitiveness in the
Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

Question 7. Should service centers or district offices deny a request for an H-1B
extension beyond the 6-year limit where the labor certification or immigrant
petition from an employer who is not the H-1B petitioner was filed for the
beneficiary more than 365 days ago?

Answer: No. The statute does not require that the labor certification or immigrant
petition must be from the same employer requesting the H-1B extension.

The "immigrant petition" after "the labor certification or" should include I140 application based on my understanding of the context.

UN and other gurus,

Please comment.
 
Then the B can file a different H-1B extension as long as A will not revoke their I-140.
 
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