7th year extension for new employer with approved I140

[Moluch123]

Hi ,

 

My H1B visa has been maxed out March 2019 , however my current employer had filed my I140 and which is approved now (they filed Perm before I left US, it went for audit and now certified. I did I140 in premium and which got approved).

Now, i have another US company is ready to offer me a job. I just wanted to understand in this case, can I do CAP exempt for 7th year extension/amendment for new employer with existing employer's approved I140 (which is not revoked/canceled by employer). 

[User099]

You can do Cap exempt case with the approved I140. But the I140 has to be pending for 180 days from the date of approval to be able to use it with a new employer. 

[Moluch123]

@User099

Thanks you! Could you please elaborate on below point? I think I didn't get that. Could you please advise more on this

13 hours ago, User099 said:

But the I140 has to be pending for 180 days from the date of approval to be able to use it with a new employer. 

 

[User099]

9 hours ago, Moluch123 said:

@User099

Thanks you! Could you please elaborate on below point? I think I didn't get that. Could you please advise more on this

 

Say your I140 is approved on 12/1/2019, after 180 days i.e. after 6/1/2020 you can use it to apply for an extension/transfer with new employer. Your current employer should not revoke it before 6/1/2020. Between 12/1/2019 and 6/1/2020, your current employer can only use it for your extension.