Porting I-140 from old employer and what are the time limitations ?

[raogaru]

Hi,

 

> I am on H1b Visa (completed 7 years) and i got extension for 3 years on h1b with old I-140 approval after 6th year.

 

> Then i changed the company and they would processing the perm application in next couple months. I know the perm would take appx 9months to 1 year. 

 

> Am i eligible to port the I-140 even though i am under 365 days, my H1b would expire in DEC 2016. My question was do i still need to be under 365 day limit to submit for I-140? 

 

 

Thanks,

Rao.

 

[ashuneel]

you cannot port I-140. You can port the PD from earlier I -140. 365 day limit  is for pending PERM. You can apply  for H-1B extension if old I-140 is still valid.

[raogaru]

Thanks for reply ashuneel,

 

so what if my perm is still in pending on Jan 2016 or some thing around that time? can i still extend my H1B in DEC 2016 using old I-140? Because they would port PD once i get PERM approval.

[ashuneel]

You can extend H-1B using old I-140 if it has not been revoked by the employer. If it has been revoked then new PERM needs to be pending for atleast 365 days.

[raogaru]

So you mean there is no need to wait for new 140 PD Approval from my new employer to get extension in 2016? I can still use old one if it does't revoke from previous employer? 

[ashuneel]

Yes. As long as old I-140 is not revoked you can use it to get 3 yr extension with any employer for unlimited time.