While H1B 7th year extension pending I140 approved

[trbala]

My H1B 7th year extension was filed 3 months ago is still pending with USCIS, now I have my I140 approved, while still waiting for 7th yr H1B extension decision, can I switch my job and the new employer can file fresh I129 petition and request the visa for full 3 years with an approved I140 ?.   

[Attorney_24]

If the I-140 is withdrawn within 180 days of the approval date it cannot be used to extend H-1B status beyond the 6-year limit. Also, if your I-94 has expired and if you are in a period of authorized stay based on the pending extension, there is a risk that the new petition may be approved for consular processing. Kindly consult with an immigration attorney for case specific advice.  

[trbala]

Thanks for your prompt response. Yes, my I-94 has expired and I am in a period of authorized stay based on 240 day rule with the receipt for pending decision. So the employer can withdraw I-140 only within 180 days from the date of approval, after 180 days they cannot ?, so, that the new employer can initiate the transfer of my approved 7th year extension visa ?.   

[Attorney_20]

The employer can still withdraw the I-140 (i.e., the job offer) after 180 days but they cannot take away your ability to get H1B extensions beyond the 6 year limit even if they withdraw the I-140 after it's been approved 180+ days.