You can file H1B 7th year extension with approved i140. I-140 petition is filed by your employer and is the 2nd step in a 3-step process for employment based green card.
You can request i140 information directly from USCIS if your employer is not sharing it.
i140 application can get approval within 15 days if filed in premium processing. The regular processing may take up-to 6 months based on USCIS service center work load.
H1B Transfer with i140
#1 I-140 Pending
You can file H1B transfer while your i140 is pending approval.
I-140 petition is for a future job with Employer A and hence, unless I-140 is explicitly revoked by your Employer A (current employer), the petition remains valid and will reach a decision stage some day.
You can do H1B transfer and can start working with Employer B anytime during your i-140 is pending.
#2 I-140 Approved
You can file H1B transfer with approved i140 and get 3 year extension after 6 year quota.
Your employer A can revoke the I-140 if 180 days have not passed from the date it was approved.
You can use your I-140 priority date to port to new employer B.
Employer Revokes I140 after H1B Transfer
I-140 revoked before approval – You cannot use i140 for extension if it has been revoked by employer before its approval.
I-140 revoked after 180 days of approval – You can use the approved I-140 to maintain your priority date with new Employer B by filing new PERM and I140.
I-140 is approved and NOT revoked by Employer A: You can use the approved I-140 to maintain your priority date with new Employer B by filing new PERM and I140.
You can join Employer A as and when your Priority date becomes current and file your I-485 for green card.
If your Green card priority date from EB2 is current in EB3 chart, you can file EB2 to EB3 downgrade by filing a new EB3 i140 using EB2 PERM.
I140 Withdraw vs Revoke – 180 Days
Your employer can withdraw your i140 once you leave them. USCIS allows porting your green card priority date to new employer with new AC21 rule modification done in Jan 2017.
Your i140 stays valid if it has not been withdrawn by employer in 180 days after its approval.
USCIS only revokes i140 if they find fraud or mis-representation by your employer after 180 days. You cannot use the i140 if it has been revoked.
Employer may request the i140 withdrawal even after 180 days. Do not worry if the USCIS case status shows as ‘withdrawn’ online. You can use the withdrawn i140 to port your date and extend H1B.
I-140 Transfer to New Employer
I-140 is tied to employer and its job offer. I140 cannot be transferred. You can PORT the priority date to new employer B though.
You can also use approved I-140 from old employer to apply for H4-EAD.
Is New I140 Required after H1B Transfer
You can keep using the approved i140 from old employer until your Green card priority date is current.
Your approved i140 from employer A can be used to extend or transfer H1B to employer B, C or Z any number of times.
You will need a new PERM and i140 only at the time of filing i485 adjustment of status for green card.
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