Thanks in advance for your help. My current situation is this : 1. Applied for I140 and received RFE 2. RFE requires Employer's 2007 tax document and my recent W2 3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008. 4. This is my 6th year in H1 B and it expires in October,2009 My questions are: 1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor? 2. If Labor is approved, can I file my I140 premium and apply for 7th year extension? 3. How long will it take to cancel the current I140? Please help me out regarding this situation. Thanks and awaiting for your valuable suggestions.
You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.