Employer Change after 1-140 approved for 180 Days.

[satyab.2002]

Hi All,

I have approved I-140 from Employer A for 180 days. Now I am planning to Resign Employer A and join Employer B. Once I resign Employer A, they will withdraw my I-140 immediately. I have few questions as below. Can someone please clarify? My PD is in Sep 2011.

1. If the I-140 is in approved state for more then 180 days and then if the Employer A tries to withdraw it, then USCIS will not revoke it and the beneficiary will be able to do H1 Extension without any problem with the new Employer. Is this rule currently in effect?

2. Once I transfer my H1 to Employer B, Do I have to start PERM and I-140 again?

3. If the above rule is in effect and if I change from Employer A to Employer B and Employer A withdraws my approved !-140 and the Employer B hasn't filed for my PREM and I-140, can I still change to Employer C? Will the H1B transfer to Employer C have any affect due to the withdrawn I-140 from Employer A?

Thanks,

[Ask@Murthy]

On ‎3‎/‎26‎/‎2017 at 2:14 PM, satyab.2002 said:

Hi All,

I have approved I-140 from Employer A for 180 days. Now I am planning to Resign Employer A and join Employer B. Once I resign Employer A, they will withdraw my I-140 immediately. I have few questions as below. Can someone please clarify? My PD is in Sep 2011.

1. If the I-140 is in approved state for more then 180 days and then if the Employer A tries to withdraw it, then USCIS will not revoke it and the beneficiary will be able to do H1 Extension without any problem with the new Employer. Is this rule currently in effect? After 180 days of approved I140, even if employer revokes it, H1 extensions are possible without any issues using the same I140.

2. Once I transfer my H1 to Employer B, Do I have to start PERM and I-140 again? For H1 extension you don't need it, but your current employer should have your PERM and I140 processed when your PD is close and when you need to apply for EAD.

3. If the above rule is in effect and if I change from Employer A to Employer B and Employer A withdraws my approved !-140 and the Employer B hasn't filed for my PREM and I-140, can I still change to Employer C? Will the H1B transfer to Employer C have any affect due to the withdrawn I-140 from Employer A? After 180 days of approved I140, you can keep changing your employers until your PD is close and at that time your current employer should have your PERM and I140 processed when you need to apply for EAD.

Thanks,