H1B portability

[Ayish]

Hello,

I have my I140 approved two months ago  and now my employer has applied for my H1B extention. I am on my last four months of my 6th year H1B. If I try to change my employer can I have my 140 transferred? What are my options to transfer before my H1B extention approval?

 

[pontevecchio]

I-140 cannot be transferred. But you retain the PD for a subsequent GC filing . The GC filing would start from PERM onwards.

As long as you have an approved I-140 you can get 3 year extensions of H1 beyond the initial 6 and once granted this stays even if the I-140 is revoked later on.

[JoeF]

An I-140 is employer-specific and can NEVER be transferred. A new employer would have to start the process over from scratch.

It is possible to re-use the PD of the original I-140, though.