Need to wait 6 months for switching jobs after I140 approval ?

[hope4bestt]

Hi All,

I got my I140 approval for the GC sponsored by my current employer few months ago and now planning to change my job. My current H1B will be maxed out in 6-7 months and hence cannot take risk of invalidating my i140 by changing jobs or current employer canceling it once i leave.

Hence need to know -

1. Is it mandatory to wait for 6 months with the current employer after receipt of I140 approval which was sponsored by that employer ? Or can i switch jobs anytime after getting I140 approval without automatically invalidating it ?
2. Can my current employer cancel the I140 if i leave within 6 months of approval or even after 6 months ?

Will really appreciate other members and Team Murthy providing their valuable guidance.

Thanks in advance !!

[User099]

If you want to use the I140 while switching jobs then it has to be approved for more than 180 days. If you leave before the 6 month period and you employer withdraws the I140, then you will loose it. If you leave after 6 months and your employer withdraws it then you will still be able to use it for future H1 extensions when you switch jobs and maintain the same priority date with new employer.

 

[cyberlord]

Best option is to have your H1 extended through your current employer and switch after 180+ days.