H1B based upon I-140

[mcc_student]

Hello,

             I have a quick question on my case:

I -140 approved from company X. H1 B with company X expired in May 2020 and then  I stopped working and is no longer employed with company X and company X doesn't withdraw the I-140 petition.

Gets an offer from another company Y in Jan 2021 after 7 months.  Is it possible for company Y to  apply for H1 based upon previously approved I 140  (with company X). Or does company Y needs to apply for a fresh / new / Cap subject H1 in March of 2021 and  I can start working only from October of 2021.

 

Please let me now,

[User099]

Company Y can use the I140 from Company X in Jan 2021 to apply for a cap exempt H1.  You don't need to go thought the cap again. 

[mcc_student]

Thanks Sir

[gopalakrishnach]

From your post it looks I140 is active and old employer did not revoke it. In such case new employer can apply for new H1B any time of the year...

[cap-gap]

Working with Y on H1 is only possible if the PD from X’s petition doesn’t become current by that time.. 

[Ronit0117]

So, under the above condition, employer does not revoke I-140 but also not started 485, can that approved I140(of more than 6 months) is still valid and doesn't matter even if employer revokes I-140(here I-140 has been approved for more than 6 months)