I140 and h1b 7th year


Recommended Posts


Im on my 7th h1b visa. I lost my job while my perm was still being processed. The company did not withdraw the process neither the h1b.

My perm got approved and i could move on with the i140. However id like to know if i can file i140 after being laid off and alsoif it gets approved can it be valid for another company to extend my h1b visa for another 3years?


Link to comment

Only the employer can file the I-140. Because this is an offer of future employment, if the employer that sponsored the PERM would like to offer the position in the future (when one gets their green card) then they may continue with the process by filing the I-140 petition on your behalf. If the I-140 is approved it may be used for additional H1B extensions with other employers.

If one has already been laid off and is no longer working, then one is no longer in status and needs to leave the US. In order to return to the US in H1B in this situation, one will need to wait for the I-140 to be approved or remain outside the US for one continuous year. By waiting outside the US for one year, one will be eligible for a new 6 years of H1B and will be counted under the annual quota.

Please consult directly with a qualified immigration attorney to discuss what your options are and determine the best course of action.

Link to comment


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