140 approved from previous employer- now H1B extension

[Suryaram2020]

Hi Friends,

Please guide me on my current situation. My I-140 is approved from previous employer and recently i changed my employer and i will be reaching my 6 yrs period in next year. my current employer is delaying initiating GC filing, hence my question here is : with the approved 140 from previous employer, can i file for my H1B extension after reaching 6 yrs period?

 

 

[User099]

Yes, if the I140 was approved for more than 180 days you can use it for H1 extension beyond 6 years.

[Suryaram2020]

Thanks.

Just to reiterate, I140 was approved from previous employer, not through current employer. so are you saying, still i can file H1B extension (beyond 6 yrs) through current employer, even though I140 is from previous employer?

is that correct?

Edited July 2, 2020 by Suryaram2020

[User099]

4 hours ago, Suryaram2020 said:

Thanks.

Just to reiterate, I140 was approved from previous employer, not through current employer. so are you saying, still i can file H1B extension (beyond 6 yrs) through current employer, even though I140 is from previous employer?

is that correct?

Correct, my original answer still holds good. 

When was you I140 approved and was it approved for more than 180 days? When did you leave your old employer?

Edited July 2, 2020 by User099

[gopalakrishnach]

If your I140 is not revoked by old employer you are still good to apply for H1B extensions using I140.

After 180 days employer cannot revoke I140.

[User099]

2 hours ago, gopalakrishnach said:

If your I140 is not revoked by old employer you are still good to apply for H1B extensions using I140.

After 180 days employer cannot revoke I140.

Even if the old I140 is revoked after 180 days, it can be used to apply for H1 extension. 

After 180 days employer can revoke I140, but the employee can still maintain the PD with a new PERM/I140.

 

[Suryaram2020]

On 7/2/2020 at 11:10 AM, User099 said:

Correct, my original answer still holds good. 

When was you I140 approved and was it approved for more than 180 days? When did you leave your old employer?

140 is approved on april 2019. left the employer on feb '20.

does it sound OK to extend the stay based on above approval dates? im still working with my new employer to file GC

extremely sorry for late response, was busy with personal things and forgot about this question.