EMployement Change after I-140 approval


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Dear All,
Request clarification regarding changing employer twice after I-140 approval? Details-

I already have I-140 approval from Employer A with priority date Jan 2015. Employer B has done H1B transfer with validity period till March 2020 (3 year extension based on existing I-140 approval). They have also committed for GC and PERM filling after 6 months. Company A plans to withdraw existing GC petition 3 months after end date of employment.

If Employer B doesn't file GC in 6 months and existing GC petition is withdrawn by Employer A, Can I transfer H1 petition to another employer (employer C) after 6 months? I am OK that total validity will only be two and half years with no change in end date (March 2020). Understand that approved I-140 is required for H1 extension, so hope H1 transfer to another employer C can be done even if I-140 is not in system?. 

Please advise. Appreciate it.



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  • 5 weeks later...

thank you pontevecchio. Appreciate it.

Just to confirm - it means that H1 transfer from employer B to C can be done  though employer A has already withdrawn previous I-140 petition? In this case total duration will be less (3 years - time spent with Employer B)  but validity period continues to be Mar 2020. Please confirm if my understanding is correct? is there any USCIS guidance that can be shared.




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