I-140 180 Days Rule

[Nag N]

Dear Friends,

I am out of the country due to H1B 6-year completion and don't get my PERM approved and I-140 before 6 years max out.

and subsequently, I was not on the payroll of my employer, but eventually, my employer processed PERM and I-140 and got the approvals.

 and also got H1B extension approval beyond 6 years.  In this case, as I am unemployed with the company but got I-140 approval, after the 180-day rule if I join a new employer, would my approved I-140 can be revoked?  Please suggest.

[Attorney_20]

It is up to the employer to withdraw the I-140. If they withdraw the I-140 after it has been approved for 180 days or more, you get to keep the ability to get H1B extensions beyond the 6 year limit. But if they withdraw it less than 180 days from the date of approval, you will subsequently lose the ability to get H1B 6+ year extensions.

[Nag N]

Thanks for the reply.

I have another query based on this information.  
 

Is it necessary to work/employed with the same employer who filled I-140 for 180 days ? Or No need to be there in their payrolls ??

 

[Zodiac System]

It is a good idea to be with the same employer for the 180 days, so that he does not revoke your I-140.  Good Luck.

[Nag N]

On 9/26/2023 at 10:55 PM, Nag N said:

Thanks for the reply.

I have another query based on this information.  
 

Is it necessary to work/employed with the same employer who filled I-140 for 180 days ? Or No need to be there in their payrolls ??

 

Please give your valuable suggestion on my above query.