I 140 Rule

[Selvaraj M]

Hi ,

     My I 140 was approved on Oct 18 but unfortunately I had to leave US as my 6 years in H1 ended on Oct 4th .Currently I am searching projects for H1 Extension & VISA Stamping . Also my employer has terminated me on Oct 3rd since I don’t have an valid work authorization after Oct 4th but will rehire me while applying for H1 Extension . 

I am getting project calls but I have been advised to join then an full time. So please let me know 

            1.  When I move to an new employer , will I be able to use the approved I 140 of my current employer for H1 Exertion ?

            2.  I also came to know that an employer can cancel the I 140 only before 6 months after the approval . I want to understand more about

                 the 6  months  window . 

                                    i) Does the I 140 belong to the applicant ( myself ) after April 19th 2020 ( 6 months after approval ) even when I don’t have active

                                       pay slip ?

                                    ii) Or an applicant ( myself ) should have active 6 months pay slip to own the  I140 .

    Please advise . Thank you

 

Regards

Selvaraj

[User099]

Your I140 has to be active for more than 6 months for you to use it with a new employer for transfer or extension. 

 Does the I 140 belong to the applicant ( myself ) after April 19th 2020 ( 6 months after approval ) even when I don’t have active                                pay slip ? --- YES, provided its not withdraw by Apr 19th 2020. No payslips needed.

[Selvaraj M]

Okay .  Please let me know if I can use this approved I 140 from my current employer for H1B Extention for an new different employer before April 19th 2020 ( provided its not withdraw by Apr 19th 2020 ) .

[User099]

No, not before Apr 19th 2020.

On 11/28/2019 at 3:52 AM, Selvaraj M said:

Okay .  Please let me know if I can use this approved I 140 from my current employer for H1B Extention for an new different employer before April 19th 2020 ( provided its not withdraw by Apr 19th 2020 ) .

 

[Selvaraj M]

 Please validate & confirm the above reply  . I heard that I can switch employer anytime after I 140 approval ( even before 6 months after approval ) , provided it’s not withdrawn . Request your thoughts please.