Approved I-140 - Changing Employer


Recommended Posts

Dear All,

My I-94 is expiring in December 2012 and I-140 is recently approved.

1. I am looking for a new job. My assumption is that new employer would use my approved I-140 for visa transfer and we would get 3 years of extension. Is my assumption correct?

2. I have I-140 receipt number only. Would that be enough for visa transfer on the basis of approved I-140 and get 3 years of extension? If not, what minimum document I need?

3. After joining new employer, if my old employer revokes I-140, will that create any problem in visa transfer or any other problems (other than loosing PD which is OK to me)?

4. I will be working with employer A until visa transfer with employer B gets approved (Premium Processing). If visa transfer gets denied, does it impact my H1 status / I-140 application with company A anyway?

Thanks a lot in advance.

Link to comment

1. Yes your assumption is correct. You would get 3 year extension based on I140 approval. It does not matter which company petitioned your I140.

2. I think receipt no is enough. Usually, attorney shares Alien no also with the client if your company has a policy of not sharing I140 approval notice. You can request the Alien no from the law firm who did your I140. But i dont think that is a must.

3. Once you are approved with new extension you would get new I94 with the new H1 and you are legally permitted to work. It does not matter if I140 is revoked at a later date. Once i140 is approved it wont be revoked unless some extreme circumstances like your petitioner turn out to be fraud etc. happens. I140 can be withdrawn by your old employer though.

4. It is highly unlikely that would impact you. If your new H1B transfer is denied it could be due to your employer bad record. I am assuming it wont be denied based on your background and experiences as you have already i140 approved which means your profile has already passed many gates of screening. I dont see a reason why your H1B transfer would be denied based on your background. If it gets denied based on your new employer's background you are totally safe. Nothing would happen to you and your approved I140.

All, the time in your post, you mentioned VISA transfer. What do you mean by VISA? Your are transferring a work permit not a VISA i suppose.

Link to comment


This topic is now archived and is closed to further replies.