Is it required to stay with the same employer for 180 days after I-140 approval?


Hippy

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Hello everyone,

I am in my sixth year of H1-B. I-140 just got approved and I got a new job offer. Based on my understanding, if I move out before 180 days of I140 approval, I will lose my priority date. So my new employer will have to start my GC application from scratch, which I am not sure is possible in the last year of H1-B.

I am wondering if it's legally possible for my employers to not withdraw my approved I140 application. If it is, then I can talk and request them, or reimburse them for the expenses as I have been with them for all 5 years.

Any advice around this is much appreciated. I hate my job, but have been stuck up here because they have been postponing my GC application forever. I am desperate to move out as soon as possible.

Thank you!

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4 hours ago, pontevecchio said:

You never lose your PD of an approved I-140. If your I-140 has been approved for 6 months or more you get H1 extensions till the PD is current even if the I-140 were to be revoked. In any case the process starts from scratch with the new employer.

1

Thank you for your response.

Perhaps I am misunderstanding you. You mentioned "You never lose your PD of an approved I-140" - but then you added a condition " If your I-140 has been approved for 6 months or more you get H1 extensions till the PD is current even if the I-140 were to be revoked".

My question is specifically about what happens if I move out before 6 months of approval. Can you please help with that?

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On 10/26/2018 at 6:41 PM, pontevecchio said:

You need a non revoked I-140 for further extensions beyond 6 years and this can be with any employer. The new rules help if the I-140 is approved for at least 6 months and then revocation of that I-140 will not affect you in terms of H1 extensions in future.

1

Thank you again. So my current employer has to revoke the I-140 if I leave within 6 months after approval? Or is that optional?

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Revocation of an I-140 has NEVER been necessary though possible.

1. PRIORITY DATE RETENTION has always been possible in the absence of fraud.  That answers your query about the PD.

2. If the I-140 is revoked before 6 months of  approval, your entitlement to further extensions of H1 beyond the initial 6 is gone though any petitions beyond 6 years already approved stand.

3. The new rules and you have a vested interest in them specify that once the I-140 is approved for more than 6 months, any subsequent revocation still gives you H1 extensions till the PD associated with that petition is current.

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