Change of Employer after I-140 Approved


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Hi All,

I have approved I-140 from Employer A for 180 days. Now I am planning to Resign Employer A and join Employer B. Once I resign Employer A, they will withdraw my I-140 immediately. I have few questions as below. Can someone please clarify? My PD is in Dec 2015.

1. If the I-140 is in approved state for more then 180 days and then if the Employer A tries to withdraw it, then USCIS will not revoke it and the beneficiary will be able to do H1 Extension without any problem with the new Employer. Is this rule currently in effect?


2. What happens to H4 EAD if Employer A withdraws I-140?

3. Once I transfer my H1 to Employer B, Do I have to start PERM and I-140 again?

4. If the above rule is in effect and if I change from Employer A to Employer B and Employer A withdraws my approved I-140 and the Employer B hasn't filed for my PREM and I-140, can I still change to Employer C? Will the H1B transfer to Employer C have any affect due to the withdrawn I-140 from Employer A?



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1) yes.

2) h4 ead will carry on till it was approved for.

3) not necessary, you can keep using your previous I140 for basis of extension. But when your PD becomes current, you will need to go theu PREM+I140+485.

4) you can move to any no# of employers and keep using same I140.

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