Can I change my job within 180 days of I140 approval after new I140 rules?

Vijay Singh

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1) My I-140 was approved on Feb, 22 2017 and now I am planning to change my job to another company. 

My employer has a policy of revoking the I140 application within 60 days of my job termination. Will I loose my priority date if I leave my current employer within 180 days of my I-140 approval and employer revokes the I-140 application? 
2) I am in 6TH year (04/03/2018 - full 6 years) of my h1b and my I140 application was approved on 02/22/2017. Since premium processing is suspended for next 6 months, so if I change my job and my employer revokes my I140 application before the next employer gets my h1b visa transfer approved. Will I get h1b ext for next 3 years or only till end of 6th year which completes on 04/03/2018.
3) If I stay with the same employer for 180 days after my I 140 application approval and priority date is not current yet. Can I change my employer(I140 applicant) and get my h1b visa ext from next employer without filing new PERM/ I140 application. 
4) And can I get my h1b extensions from future employments based to the same I140 or do I have to file new I140 applications every time I change my employment ?   
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  • 5 weeks later...

Under the new rule in place since January 2017, if someone has an I-140 approved for 180 days but no I-485 pending and the person leaves the I-140 petitioner, the priority date can be kept even if the petitioner then goes to withdraw the I-140. However, that I-140 is no longer a valid basis to later file an I-485.

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