H1B transfer on 3-year extension - confused

B

Bunty2772

Registered Users (C)
Company A filed for my labor & I-140 on an EB3 case but I was unable to file for I-485 due to retrogression. I transferred to Company B and obtained an additional 3 years on my H1B(6 years expired) using the approved I-140 from Company A. While at Company B, I applied for I-485 using Company A's I-140 since Company A was willing to give me an offer letter. I am still at Company B and my I-485 has not been approved since the dates have retrogressed again. Now I have a bigger/better offer from Company C and I have 2 years left on my extended H1B. Can I transfer my H1B to Company C without any issues and get the remaining 2 years left on the H1? My only concern is that since I've already filed for I-485 that I may not get back the remaining time on my H1B since I can't use the old I-140 and retrogression as the basis for transfer.

Any advise/comments are very much appreciated.
 
You are eligible to get additional H-1B years based on either:
  1. Time remaining on the 6 years quota
  2. Beyond 6 years if either
    • LC applied earlier than 365 days -> 1 year extension
    • I-140 approved and your PD is retrogressed -> 3 year extension once, 1 year thereafter
Please ensure the comapny A demonstrates hiring intent at all times.
 
manwithnoname said:
You are eligible to get additional H-1B years based on either:
  1. Time remaining on the 6 years quota
  2. Beyond 6 years if either
    • LC applied earlier than 365 days -> 1 year extension
    • I-140 approved and your PD is retrogressed -> 3 year extension once, 1 year thereafter
Please ensure the comapny A demonstrates hiring intent at all times.
Click to expand...

Thank you for your reply. I understand the conditions under which once can get an extension of the H1B based on an approved I-140. I was told by my lawyer today that one can continue to request additional 3 year extensions using the same I-140 as long as the I-140 is not withdrawn and PD is retrogression, even though I filed I-485 using this PD when the dates became current last June. I was thinking that I'd only be able to capture the remaining 2 years left on my H1B.

I don't understand your statement that Company A has to have an intent to hire at all times. I'm planning to port my I-485 to Company C and it has been over 180 days since I filed for my I-485. So even if Company A withdraws my I-140 now, my case is still portable as long as Company C is willing to show intent to hire using this ported I-485.
 
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