I140 approved and Laid Off

[vijayreddy1881]

Hi,

I got my I-140 approved on 1st April 2020 and situation due to COVID-19 looks like would be laid off sooner. That being sad, if Laid Off, can I still transfer my H1B to a new employer using the approved I-140 which is approved but less than 180 days, and also my maxout is Oct 2020, which will not give me enough time to apply for PERM & I-140 id the approved I-140 is revoked by current employer. Please advise!

[User099]

You can't use the I140 if its not approved for more than 6 months to transfer to new employer. If your current employer agrees to keep you I140 active for 6 months, you can use it after 6 months for applying an extension. 

[Attorney_15]

If someone on H1B has an approved I140 and the priority date is not current, then they do not have to wait 6 months before being able to use that I140 to extend their H1B status beyond 6 years.

However, if the I140 is withdrawn/revoked by the petitioner within the first 180 days after the I140 is approved, then the H1B worker cannot use that I140 to extend their status.