H1B Extension based on approved I-140 from previous employer


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Hello All,

I had a questions on H1B extensions based on an approved I-140.

Key highlights of my case follow:

  • I have an approved I-140 from Employer A. Employer A was able to get a three year extension based on the approved I-140. However, I got laid off at employer A. Of note is the fact that Employer A doesn't revoke the I-140.
  • I found employment with Employer B, that was able to transfer the visa and get a three year extension based on the Employer A's approved I-140. The H1B VISA for Employer B is valid through July 2019

My questions follow:

  • Will Employer B be able to get another visa extension post July 2019 based on the approved I-140 from Employer A? It seems that Employer B may not be willing to initiate the GC process until 2018. My concern is that I could risk running out of time on the H1B VISA that Employer B has through 2019.
  • Can I join another employer, say Employer C, and in this case, will Employer C get a H1B VISA extension based on the approved I-140 from Employer A? 
  • In either scenario, once the GC process is initiated, will my priority date be ported as-is?
  • If I leave the country for say a year, will I get six years on the H1B? If yes, will this be subject to the H1B lottery?

Many thanks!



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On 6/5/2017 at 9:07 AM, rohang said:

I140 can be used by any future employer (b or c or d) to get 3 year extensions.

you will only get new 6 years once you are out for 1 year and then apply for h1b thru lottery.


Doesn't the H-1B freeze if you leave the country? For instance, if I have a H-1B that is valid through 2019, and, I leave in say 2017, can I not use the remainder of the 2 years upon return?

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