Do I transfer my i-140 to new employer

[sdgupta]

I am on H1B visa and have my an approved i-140 from Company A. The priority date is Dec 2017. 

Currently I am working in Company B, since 2021. But I am yet to raise a request to transfer my PERM and i-140 to my new employer ie Company B. 

Considering my date will not be current in next 4-5 years, in this state is this going to be a problem

• during my next H1B extension (2024)
• or visa stamping interview or port of entry when I travel outside the country
• or if i decide to change my company again to say Company C

 

[JoeF]

An I-140 can not be transferred. The process has to start over from scratch. You can keep the original PD, though.

[sdgupta]

So is it mandatory to restart the process with my current company(Company B), in that case ?

Is there an issue if I wait it out and in future if I move to a new company C and start the process then instead (ie skipping the process in Company B) ? 

Also is that an issue 

• during my next H1B extension (2024) process
• or visa stamping interview or port of entry when I travel outside the country

[Attorney_6]

No, it is not mandatory to restart the process, however if you wish to pursue a green card then you will need to restart the process at some point - with an employer you are looking to work for in the future, upon approval of the green card.

No, this is not an issue for your H1B extension since you already hold an I-140 approval which can be used for further extensions (as long as that I-140 approval was not withdrawn within 180 days of its approval).

[sdgupta]

Thank you - that's the answer I was looking for . 

[Attorney_15]

On 10/9/2023 at 3:03 AM, sdgupta said:

I am on H1B visa and have my an approved i-140 from Company A. The priority date is Dec 2017. 

Currently I am working in Company B, since 2021. But I am yet to raise a request to transfer my PERM and i-140 to my new employer ie Company B. 

Generally, if one is the beneficiary of an approved I-140 Petition, which remains approved for at least 180 days one can continue using that petition to qualify for extensions of H1B status beyond the general 6 year limit. Since "transferring" an I-140 is not possible under the law and one must have the new employer go through the PERM Process all the way through the I-140 process, it may not be worthwhile to do so with an employer one plans to leave soon. However, given the factors upon which such a decision may depend upon one may want to consult directly with an attorney for specific advice,