H1B Transfer using old I-140 approval


ramesh_s

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Posted

I've transferred my H1B from employer A to employer B using I-140 approval from employer A, so got the approval for 3 yrs and working for last 6 months.

GC is not yet filed from employer B and I've approval valid for next 2.5 yrs.

If I want to transfer from employer B to a new employer C, how long I can get extension?

Can I use I-140 approval from old employer A? The status of this I-140 is still in Approved state on uscis website.

I'll really appreciate your replies and helps me a lot.

Posted

Can I use I-140 approval from old employer A? The status of this I-140 is still in Approved state on uscis website.

As long as you have the approved 140 copy, a new employer can file an H-1B for 3 years

Posted

Thanks for the reply. So, there is no issue in filing an H1B with a new employer using I-140 approval from my ex-employer.

If my old employer revokes my I-140 can I still use? Is it normal for a employer ( consultancy) to revoke? I heard that it's optional and normally most employers do not revoke as it can cause problem to them as well.

Any idea?

Posted

Employers do withdraw I-140 petitions and it doesn't cause them problems.

You can still port your PD if your 140 is already withdrawn and the basis is not fraud/mis-representation.

There have been cases where I-140 was withdrawn and the beneficiaries still received 3 year H1B extensions. Every case is unique, so better consult a good immigration attorney.

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