H1B Transfer to Company B when PERM is denied and on 7th year on H1B

desiboys12

New Member
Hello, I requesting your opinion and feedback on my case. Here is the context.

I work for MNC who applied my PERM on Apr 28th, 2011 in EB3 category. It went for audit and finally denied on July 2nd, 2012. I came to know about denial through DOL disclosure data and inquired back to company attorneys. They are telling that no denial letter received from DOL until now (as of today). They have written back to DOL for clarification on Aug 21st, 2012 and waiting for reply. Attorneys also stated that it is not unusual to have incorrect status at DOL website. I hope they are right.

Anyways, I received a year H1 extension (7 year extension based on pending PERM of comp A>365 days) which is valid until July 2013 now. Meanwhile, I also applied PERM through another employer (Company B) as future employment and got it approved.

Here are my questions-

1. Can I transfer my H1B to Company B and file I140 with them?
2. I heard that H1B can not be transferred to new Company B since PERM is in denied status. Is it true?
3. What are my other options?

Apologies for long writeup. Please suggest.
 
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I am in similar case. Can you please share the answer for 3 questions which you got or followed. Thanks!
 
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