oms13dec Posted May 30, 2020 Report Share Posted May 30, 2020 My H1B 6 years cap is going to over Sep/2020(in 3 months). I don't have any days to recapture since I did not go out of US last 4 yrs . i140 is just filed in premium . I wanted to quit my current employer(A) and employer(B) has already offered me . Employer B says as soon as my i140 is approved , they will file extension based on that . If they get 2 years extension I can join them . If employer A revoke i140 within 180 days I can still work beyond Sep/2020 and we will have enough time to restart perm and i140 , so should not be an issue . I just want to validate if this is true ? Can I stay beyond Sep/2020 if Employer A revoke my i140 as soon as I quit them ? Quote Link to comment
gopalakrishnach Posted June 1, 2020 Report Share Posted June 1, 2020 If employer revoked I140 on what basis you will get H1b beyond 6 years. In this case you will wait till i140 is approved and lets says you will transfer to B in 180 days at that time I140 will be revoked then what? I am curious to know... Quote Link to comment
User099 Posted June 2, 2020 Report Share Posted June 2, 2020 On 5/30/2020 at 4:22 PM, oms13dec said: My H1B 6 years cap is going to over Sep/2020(in 3 months). I don't have any days to recapture since I did not go out of US last 4 yrs . i140 is just filed in premium . I wanted to quit my current employer(A) and employer(B) has already offered me . Employer B says as soon as my i140 is approved , they will file extension based on that . If they get 2 years extension I can join them . If employer A revoke i140 within 180 days I can still work beyond Sep/2020 and we will have enough time to restart perm and i140 , so should not be an issue . I just want to validate if this is true ? Can I stay beyond Sep/2020 if Employer A revoke my i140 as soon as I quit them ? Your new employer can't apply for an extension based on I140 from old employer till the I140 is approved for 180 days. So what your employer said is false. Quote Link to comment
User099 Posted June 2, 2020 Report Share Posted June 2, 2020 9 hours ago, gopalakrishnach said: If employer revoked I140 on what basis you will get H1b beyond 6 years. In this case you will wait till i140 is approved and lets says you will transfer to B in 180 days at that time I140 will be revoked then what? I am curious to know... New employer can't use the I140 from old employer till 180 days of I140 approval. Quote Link to comment
gopalakrishnach Posted June 2, 2020 Report Share Posted June 2, 2020 13 hours ago, User099 said: New employer can't use the I140 from old employer till 180 days of I140 approval. Yes this makes sense since if you transfer to new employer within 180 days.. the old employer will revoke H1B and also I140. Quote Link to comment
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