Continuous Extensions with Approved I -140 with new employer

[aaycee]

Hi,

I just want to confirm that after USCIS new regulations effective 17 January 2017, even though the approved I-140 is withdrawn by previous employer after 180 days of approval we should still be eligible for H1 extensions with new employer ?

My question actual question here is that, is it required that new employer need to file labor and I-140 in order to apply extensions or I can just keep on applying for H1B extensions with any employer based on my first I-140 approval?

Thank you !

[pontevecchio]

Maybe a Murthy Lawyer would chime in with their take. Surely nothing prevents a person from working in H1 status under these circumstances for the rest of his working life or the end of the H1 program whichever is sooner?

[Attorney_22]

You pose a good question, however there is an eventual limit. The H1B extensions based on an approved I-140 (or withdrawn after 180 days) are only available while the priority date is not current. Therefore, unless you intend to depart the U.S. after the priority date is current, you will need to have a new and valid I-140. 

[aaycee]

Thank you very much pontevecchio and Attorney_22 !! Much appreciated !