I-140 validity

[ragavhere]

Hi,

I am in my 6th year of original H1B. I have almost 10 months left of my 6 years. And I also have my I-140 approved and H1B extended based on my I-140 until Oct-2019. I got an offer from a new company. But they are not willing to transfer my I-140. They will file for H1B transfer and assuming I join on the transfer receipt notice, how long would I be eligible to legally remain in the US? Will my I-140 still be valid though the new employer wouldn't carry forward? Will the new employer be able to transfer my current I-140 later after 3 months if they decide so?

Regards,

RR.

[pontevecchio]

I-140 is NOT transferable. The new employer needs to start from PERM onwards and you get to retain the previous priority date.

[Ask@Murthy]

2 hours ago, ragavhere said:

Hi,

I am in my 6th year of original H1B. I have almost 10 months left of my 6 years. And I also have my I-140 approved and H1B extended based on my I-140 until Oct-2019. I got an offer from a new company. But they are not willing to transfer my I-140. They will file for H1B transfer and assuming I join on the transfer receipt notice, how long would I be eligible to legally remain in the US? Will my I-140 still be valid though the new employer wouldn't carry forward? Will the new employer be able to transfer my current I-140 later after 3 months if they decide so?

Regards,

RR.

I140 is not transferrable, but it can be used to extend H1 with future employers and retain PD.

[ragavhere]

Hi,

Thanks for your response. There was a new rule that was implemented beginning of this year by obama administration that would allow I-140 portability to any employer right? Is that rule not in effect?

Regards,

RR.

[ajaysharma]

@ragavhere The 180 rule provides the following benefits

1. Allows you to port your PD to the next I-140

2. With exception of fraud, allows you to indefinitely extend your H1B regardless of the employer

3. Allows you to keep your I-140 rights even if your employer revokes them

It does not allow you to bypass PERM/I-140 with the new employer if you want them to eventually file for I-485