i140 H1B Extension, Transfer After 6 Years

i140 h1b extension after 6 yrs with current / new company. Use previous employer approved i-140. Without i140, 7th yr extension if PERM pending 365+ days, including Audit.

Written by Anil Gupta
  By Anil Gupta          Updated  15 Mar, 20 #green card #i140

202        

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You cannot use i140 for extension if it has been revoked by employer before its approval.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.

What’s the difference between I140 Withdraw vs Revoke after 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Your i140 stays valid if it has not been withdrawn by employer within 180 days after its approval. You can use the withdrawn i140 for as many times as you want to extend or transfer your H1B.

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.

Can we transfer I-140 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.

Can i leave and come back to US in future with Approved i140?

You can come back to US anytime in future by filing H1B transfer or extension using your approved i140.

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.
This means that you will need a new i140 for new employer to file i485 adjustment of status. The good news is that i140 and i485 can be filed concurrently once your green card priority date is current.

Example:
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.

Do I need a new PERM and PWD to port i140 date to new employer?

Yes, you do need to file a new PERM, PWD and i140 for new job with new employer.
The PD date can be ported and you can do this process at the time you expect your date to get current.

Use approved i140 from Employer A to port Date with Emp C when Emp B did not file i140?

You can use your approved i140 from employer A to port your GC date with employer C even if employer B did not file i140.
This is a common question when you have changed jobs from employer to B and then thinking of filing H1B transfer with employer C.

Can we Apply H4 EAD with withdrawn i140?

You can apply H4 EAD even if approved i140 was withdrawn as long as the i140 has not been revoked for ‘fraud’ or ‘mis-representation’.




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  202 Useful Questions & Answers

  1. Nayana Madhu
    Nayana Madhu 9 May, 19 at 1:44 am

    Hi Anil,

    Could you please review below situation and advise.

    – h1 6th year extension denied in 2018, and out of cap H1 petition was later filed same year from India.
    – i140 was approved on Apr 2019.
    – Waiting for the result of OOC h1 petition. In case this petition is also denied, can the approved i140 be used by the same employer for an out of cap H1 petition to request a 3 year period, since 6 year is not maxed out yet. Or that would need to be a in-cap petition next year?

    Thanks


    • Anil Gupta
      Anil Gupta 9 May, 19 at 5:34 am

      You can request out of cap H1B extention using approved i140.


  2. MBAH1B
    MBAH1B 8 May, 19 at 1:21 pm

    Hello Anil,
    The information you provide is great and thank you for your help!

    I have an I-140 approved in 2016 with employer A with a technical SOC code. I’m on the last year of my H1B and the extension is in process with employer A.

    I graduated with an MBA and employer B is the process of applying for the transfer, the SOC code with employer B is business related and hence will be different from the one on my I-140! Will there be any issues with the transfer? Will the new MBA degree be a good proof to validate the transfer?

    The AC 21 rules for SOC are very vague, can you please help me understand!

    Thanks


    • Anil Gupta
      Anil Gupta 8 May, 19 at 4:24 pm

      The chances are high that you won’t be able to use i140 under AC21 as your job description for MBA job will probably not match with older one.

      Your attorney should be able to guide you by looking at old and new i140 job descriptions.


      • MBAH1B
        MBAH1B 8 May, 19 at 4:45 pm

        Thanks! I am not expecting to Port the priority date, the employer B will do a new PERM anyway. I just would like to know if transfer is feasible.


  3. Alan
    Alan 4 May, 19 at 8:56 pm

    Hello Anil,

    Thank you for helping us out! Can you please help with my situation?

    1. I-140 got approved in Nov. 2016
    2. H1B renewal got denied in Nov. 2018 (first 3-year extension after 6 years), and I had to leave the US in Nov. 2018 as my I-797 and I94 expired. My company A’s policy is that I have to wait for 6 months until they file a new work visa for me
    3. Now I’m working on an international assignment in my home country China and it’s already 6 months but I’m concerned my company A might not file a new work visa for me
    4. I’m interviewing with company B (US company in California) while I’m in China

    My questions are:
    1. company B can file an H1B transfer AND extension as I have an approved I-140? (eligibility and feasibility?)
    2. Since my I-797 expired already, can I only start to work for company B when the transfer/extension is completed? Or, immediately after they initiate the transfer/extension petition?
    3. based on the current pace, my priority date may become current in 1 year. if I cannot file 485 when it becomes current, how much additional time I have, online research indicates I have 1 more year.


    • Anil Gupta
      Anil Gupta 4 May, 19 at 10:53 pm

      Company B can file H1B Transfer for you using approved i140.

      You can only enter US once you have H1b Transfer approved and have got the H1B visa stamp.

      If your priority date becomes currrent, you have to file i485 within 1 year of date getting current. Your new employer will need to file new PERM and i140 for you.


      • MBAH1B
        MBAH1B 8 May, 19 at 4:38 pm

        Thanks! I’m not expecting to Port the priority date, the employer B will do a new PERM anyway. I just would like to know if transfer is feasible.


  4. H1BUser
    H1BUser 30 Apr, 19 at 10:03 am

    Hi Anil,

    Thank you for the helpful post. I have completed my 6 years, and my employer filed I-140 more than year back, and still pending.
    But my H1B got approved for next 3 years until 2021, based on pending I-140.(My new h1b approval does not have alien number, so my I-140 must be still in pending) I don’t have the I-140 receipt number too, my employer is not sharing it. Now i want to change the employer, what information is required for H1B filing based on my pending I-140 by old employer. My new employer is willing to reprocess the PERM and I-140 again, after I join them.

    Any help in this regard is greatly appreciated thank you.


    • H1BUser
      H1BUser 30 Apr, 19 at 10:12 am

      FYI. I have requested for the I-140 details from USCIS using FOI act in Oct, and still waiting for it.


      • Anil Gupta
        Anil Gupta 30 Apr, 19 at 5:10 pm

        I think your i140 is already approved as you got 3 year approval.
        If i140 is not approved, your employer can only request 1 year extention after 6 years are completed.


        • H1BUser
          H1BUser 3 May, 19 at 11:33 am

          Thank you Anil. Then My H1B approval should have Alient number right, but I don’t have that.
          Without I-140 receipt, can we switch to the employer? In my case, what options do i have to switch?


          • Anil Gupta
            Anil Gupta 3 May, 19 at 12:12 pm

            Your employer can withdraw your i140 if you leave them before 180 days of i140 approval and then, you won’t be able to use it for H1B transfer of extension.
            So, be careful.


  5. pal
    pal 16 Apr, 19 at 9:43 pm

    I had i-140 approved 2 years ago with employer A (in 2017 ). Changed to employer B in 2018 august with H1B approved and didn’t initiate GC process yet. Employer A withdrawn my i-140 after I left (after 2 years of approval)
    1. Now I got new offer from Employer c, Can i use i-140 from employer A (which is withdrawn) to transfer H1B to Employer C ?
    2. Or is it only valid for date portability ?


    • Anil Gupta
      Anil Gupta 17 Apr, 19 at 7:15 am

      You cannot use revoked i140 to extend H1B beyond 6 year or port your GC date.


      • pal
        pal 17 Apr, 19 at 8:16 pm

        As per new AC21 rule, you mentioned employer can’t revoke i-140 after 180 days, but he can withdraw. is that correct ?


        • Anil Gupta
          Anil Gupta 17 Apr, 19 at 8:29 pm

          Yes, that’s correct. What status does it show online on USCIS website?
          It is withdrawn or revoked?


          • pal
            pal 17 Apr, 19 at 8:29 pm

            revoked. checked with employer A, he said they sent withdraw notice to uscis 2018 November


            • Anil Gupta
              Anil Gupta 17 Apr, 19 at 8:37 pm

              If it is revoked, then you may not be able to use your i140.
              Check with your attorney to see what can be done.


  6. Anil K
    Anil K 16 Apr, 19 at 4:50 am

    I have approved I-140 with company A and my H1b transfer with company A is still pending. I have raised a FOIA request to get the approved I140 document. My 180 days will be done by August 30 2019. Currently I am in last year of my H1b.
    I got a offer from company B, can I join the company B once I get the approved I140 document in June 2019.
    -Will company B get my H1B more than 6 years with approved I140?
    -Once company B get more than 6 years, can join before 180, if company A revokes my I140 will it effect my approved H1B with company B beyond 6 years?
    -Will I be loosing priority date and will I140 be still be valid?(If Company A revokes).

    !!!Your FOIA request explanation page helped me in filling the request!!!! Thank you.!!


  7. Manas Morey
    Manas Morey 14 Apr, 19 at 9:26 pm

    Hi,
    I have a basic question, I have an approved I140 from my previous employer A, I left employer A 2 years ago to join Employer B and I know that my i140 was not revoked because I left Employer A 2 years after my i140 approval. Now I m getting an offer again from Employer A, question is if I join Employer A again do I have to start the GC process again or I am good with the already Approved i140 with Employer A


    • Anil Gupta
      Anil Gupta 14 Apr, 19 at 9:36 pm

      A new i140 is required only if the job (for GC) is different than the first i140 job.
      If the job is same or similar in job description, then, new i140 is not required.


      • Manas Morey
        Manas Morey 14 Apr, 19 at 9:36 pm

        Thank you. Yes, the Profile, job description is similar. So from what I understand I do not have to re-start the GC process again if I join employer A again.


      • Sd
        Sd 16 Apr, 19 at 1:24 pm

        How we can make sure from GC /i140’s document perspective that new job title and job description is same as the one for which initial i140 was approved. Is it mentioned in the FOIA documents, if we get it pulled.


        • Anil Gupta
          Anil Gupta 16 Apr, 19 at 1:24 pm

          You must know about your job profile and description yourself. Isn’t your i140 filed based on your current job?
          If not, then you need to ask your employer to share it you.


  8. Newyorkm/
    Newyorkm/ 9 Apr, 19 at 4:52 pm

    Hi.

    I recently got h1 transfer to new employer. Approval is done.

    However i will work with current employer till june and join new employer only in june end.

    I have PERM in process in current employer and will get approved in a few weeks
    Can i file for i-140 in current employer although my h1 transfer to new employer is approved?

    Please help.


    • Anil Gupta
      Anil Gupta 9 Apr, 19 at 7:45 pm

      You can file i140 with current employer.


      • Newyorkm/
        Newyorkm/ 9 Apr, 19 at 9:20 pm

        ok thanks!
        the main concern i had is that h1 transfer results in new i-94 expiration date in approval notice
        But when filing i140 in current employer i can’t use the new i-94 expiration date in i-140 application as the current employer may come to know that i have got h1 transferred when he sees new i-94 expiration date. So , i need to use old i-94 date (before h1 approval)

        Will this cause issues with USCIS ?


        • Anil Gupta
          Anil Gupta 10 Apr, 19 at 6:55 am

          I140 has nothing to do with H1B.
          I140 is for future employment.

          On the side note, your employer can withdraw i140 when you leave them within 180 days.

          So, i140 will be useless anyway for your case.


          • Newyorkm/
            Newyorkm/ 10 Apr, 19 at 12:00 pm

            Thank you for your reply!

            I have checked with employer lawyers and they currently have policy of NOT revoking I-140 on exit. (it is a pretty big company)

            I do know that i-140 has nothing to do with H1B , but USCIS processes both applications and they may see a mismatch in the i-94s i was talking about.


            • Anil Gupta
              Anil Gupta 10 Apr, 19 at 2:45 pm

              As a matter of fact, you should always use the most recent i94 if you have to write it on any government form.


  9. Kadam Bhau
    Kadam Bhau 5 Apr, 19 at 8:14 am

    Hi All,

    I am with employer A with an approved I-140 over one year. I already completed 6 years on H1B on 1st April-2019 and got extension for 6 months and now current H1B is valid till Oct-2019.

    My desi employer said I-140 is approved in April-2018 but he is not sharing I-140 documents or even receipt number.
    I applied for FOIA to get I-140 documents but its very slow. It will take another six months or may be more to get I-140 documents with current FOIA processing speed.

    I am planning to join as a full time position with employer B by referral, but I am scared to transfer because I heard to transfer to employer B, I need I-140 for H1B extension. Not sure though.

    Whats the options I have in this situation?
    Can I join employer B? Will employer B would be able to file amendment and extension for me?
    What will happen to my approved I-140?

    Thanks,
    Kadam


    • Anil Gupta
      Anil Gupta 5 Apr, 19 at 8:15 am

      You need your approved i140 details to file transfer after H1b 6 years.
      i140 cannot be withdrawn after 180 days of its approval.


      • Kadam Bhau
        Kadam Bhau 15 Apr, 19 at 1:47 pm

        Here are my request details – NRC2018162687,
        Date Submitted: 10/24/2018
        Request Type: FOIA Request
        Request Status: Place in Queue – 698 of 4584 pending requests
        Status: Case In Process
        Estimated Completion Date: 01/10/2019

        Its taking too much time. Its almost six months but no updates from USCIS. I emailed them but they are saying “its in process. We can’t do much.”

        Whats wrong? Are other people taking this much time to get I-140 documents through FOIA? Can I reapply FOIA?

        Please suggest.


        • Anil Gupta
          Anil Gupta 15 Apr, 19 at 2:44 pm

          I think that your request will again be added to the same queue.
          You can apply again if you want.


          • Kadam Bhau
            Kadam Bhau 15 Apr, 19 at 2:45 pm

            Ok, thanks for your prompt reply. I see many requests between NRC*******680 to NRC*******999 are processed.
            Something wrong with my request. I will try reapplication.


            • H1BUser
              H1BUser 30 Apr, 19 at 10:02 am

              Hi.. I am in the same boat, and I have applied on 10/9/2018, and put to complex track. They said they requested files, but not sure when I will get it. I don;t think reapplying will help. As my first application was put complex track, I filed a new request with just I-140 information, and it was closed as duplicate.


              • Kadam Bhau
                Kadam Bhau 30 Apr, 19 at 4:08 pm

                Hey H1BUser,
                How much time it took to get another FOIA request response?
                Did you receive it by email or mail?


                • H1BUser
                  H1BUser 3 May, 19 at 11:33 am

                  I got it in 2 to 3 weeks, that it was closed as duplicate, by mail.


              • Kadam Bhau
                Kadam Bhau 30 Apr, 19 at 4:08 pm

                Ohh boy.. That’s bad. I inquired about my case but they said its in track one so when time will come, it will be processed.. 🙁
                USCIS sucks and now I am stuck with current employer (blood sucker).

                Below is status:
                Your request is currently number 683 of 2656 pending requests in Track One.
                Date received: 10/24/2018
                Status Information is current as of: 04/30/2019


  10. Snehal
    Snehal 31 Mar, 19 at 4:39 pm

    Hello Everyone,

    I am with employer A with an approved I140 over two years I am planning to switch to employer B soon.

    1. How long my employer B can extend my h1b using approved i140 from employer A assuming that it’ll be withdrawn afterwardr I leave?

    2. If I move to employer C from B, can employer C extend my h1b using approved i140 from employer A even though it was withdrawn?

    3. If I move back to employer A, do they have to start PERM and I140 again? Because the i140 was withdrawn?

    4. Whenever I move to a new employer I assuming that I need to make sure they file PERM and i140 by the time my priority date becomes current? Until then I can extend my h1b with an approved i140 from my employer A?

    Thank you.


    • Anil Gupta
      Anil Gupta 31 Mar, 19 at 7:38 pm

      Your Employer can file for 3 year H1B extention using your approved i140.

      You cannot use a revoked i140 to extend H1B.

      If your Employer A revokes your i140, then they have to file PERM and i140 again.

      There is no need for each Employer to file a new PERM and i140 until your priority date becomes current. Approved i140 from previous employer can be used to extend H1B.


      • Snehal
        Snehal 31 Mar, 19 at 8:20 pm

        Hi Anil,

        I think the employers can’t request for i140 revocation unless there is a fraud involved.

        But it is withdrawn by employer A, I am assuming that employer B or C can still extend my h1b?

        Thank you,

        Snehal


        • Anil Gupta
          Anil Gupta 1 Apr, 19 at 6:44 am

          Employer can request for ‘withdrawal’ but USCIS would not ‘revoke’ unless its a fraud or mis-representation.

          Check the status on USCIS case status website and see what it says: Withdrawal or Revoke?


          • Ajith R
            Ajith R 15 Apr, 19 at 5:53 pm

            Hi Anil,

            I am in a similar situation and i tried to look up the status of the I140 on the USCIS site. It says the case was received. Says nothing about withdrawal or revoke. Does that mean the 140 is still valid. I have approved 140 with employer A in 2009. Moved to employer B in 2016.

            Thank you,
            Ajith


            • Anil Gupta
              Anil Gupta 15 Apr, 19 at 6:56 pm

              It most probably is valid if it does not show the ‘revoked’ status online.


              • Ajith R
                Ajith R 16 Apr, 19 at 6:04 pm

                Thank you Anil for your prompt reply.

                I want to give you the complete picture:
                I have been on H1b with employer A since 2005. They started my green card processing and my priority date is nov 2008 in EB3. I got my 140 approved in 2009. In 2016 July i moved to employer B and got a H1b approved till 2019. Due to circumstances beyond my control I had to move to India in late dec 2016. I have been in India since then. Now I am thinking of coming back to US. What are my options. I dont have stamping for the H1 that got approved in 2016. Its expiring in June 2019.

                Can my current employer file the extension? Since I have been in India for so long do I come under the yearly H1 cap?

                If i have to go with a new employer will I fall under the yearly H1 cap?

                If employer A has not withdrawn the approved I-140 can I get back to them and ask them to file 485 since my priority date is current?

                In that case can i opt for i485 consular processing and attend the interview in India? Do i still need to have a H1B visa to attend that interview?

                Thank you,
                Ajith


                • Anil Gupta
                  Anil Gupta 16 Apr, 19 at 6:50 pm

                  You can file H1B extention or Transfer.
                  You can also file i485 with consular processing.


                  • Ajith R
                    Ajith R 24 Apr, 19 at 5:20 pm

                    Hi Anil,
                    In my situation since i am in india will i fall under the yearly H1 cap.
                    Do i have to be physically present in the US for the H1 extension to be filed.

                    Thank you,
                    Ajith


                    • Anil Gupta
                      Anil Gupta 24 Apr, 19 at 5:30 pm

                      My earlier answer was given keeping in mind that you are currently in India.


                    • Ajith R
                      Ajith R 8 May, 19 at 3:40 pm

                      Hi Anil,
                      If i were to apply for a transfer do i need to show recent pay stubs? does not having recent pay stubs be an issue since I haven’t been in the US for last 2 years.

                      Thank you,
                      Ajith


                    • Anil Gupta
                      Anil Gupta 8 May, 19 at 4:25 pm

                      Paystubs are only required if you are applying for extension while you are in US. You may submit the old paystubs from your time in US to prove you had maintained your H1B status at that time.


  11. Rahul Patil
    Rahul Patil 30 Mar, 19 at 9:43 pm

    I was with employer A and got my I-140 in 2012. Changed employer A to employer B in 2018 and employer B has not filed my PERM yet, I only have 1and 1/2 years left on current H1B, which is my 3rd extension. Shall I change to employer C and ask them to file PERM ASAP ? Will I still be able to extend H1B for three years with employer B if I stay with them based on approved I-140 with employer A?


    • Anil Gupta
      Anil Gupta 31 Mar, 19 at 1:24 pm

      You can use your approved i140 from Employer A to keep extending your H1B with any Employer B, C or Z.


  12. Ravish Sehgal
    Ravish Sehgal 28 Mar, 19 at 2:39 pm

    Hello everyone,
    I have a question, I have I140 approved for more than 180 days and I am taking a full-time role. My new company say that they can only port the I140 after 12months and after 12months I will be at the bottom of the list for I140 porting so in short he said priority will be given to employees who’s H1B dates max out and mine will be close to when my priority date becomes current and then they will start the process of I140 porting. Please suggest if it is fine to take this opportunity? I know my old employer can revoke my I140 before my new company start the process. Please help I am really confused. Will appreciate some quick response. Thank you.
    Ravish


    • Anil Gupta
      Anil Gupta 28 Mar, 19 at 4:09 pm

      Your old employer should not be able to revoke your approved u140 if you have spent at-least 180 days with them after i140 approval.

      Your new employer can keep using this approved i140 for H1B extensions until your Green card priority date is about to get current.


  13. Chiru
    Chiru 26 Mar, 19 at 3:38 am

    Hi Anil,

    Thank you so much for your help to all.

    I have joined company A, he filed my I-140 and I left the USA because of H1B maxout(5 days left), while I-140 is in process.

    My I-140 was approved when I was in India and project was closed by client after one month of I140 approval.

    Now I joined employer B in India and my I-140 completed 180 days, my questions are

    1. Can my employer B file H1B transfer/extension using employer A(since he didn’t revoke) I-140?
    2. If employer A revoke my I-140 now(180 days passed), can my employer B still able to file H1B extension/transfer?

    Thanks,


    • Anil Gupta
      Anil Gupta 26 Mar, 19 at 8:19 am

      Yes, your employer B can file H1B transfer using approved i140. Revocation is not allowed by USCIS after 180 days of i140 approval unless there is some fraud or mis-representation is found in your case.


  14. Shan Aksh
    Shan Aksh 18 Mar, 19 at 5:05 pm

    Hi Anil,

    Thanks for all the support you provide. I am currently working as a Senior Software Engineer in Company A. My I-140 was approved on May 2018 for the same title. My h1b visa stamp expires on Jul 2019. My current I-94 is valid until Feb 2020 (this will be the end of 6 years in my H1B period). I got an offer as an Engineering Manager (pls note: diff title) in company B now. My current company A said, they wont revoke my i-140, moreover i have met the 180 days period as well. Can my new employer B use my current approved i-140 notice (which was meant for senior software engineer title) to apply for H1b extension with new title (Engineering manager) beyond 6 years. The paralegal at employer B is working on this, but I am curios and asking here.


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 8:12 pm

      The new title is not as significant the new job description, role and responsibilities. If the new job’s day to day activities are similar, i140 can be ported.


      • Shan Aksh
        Shan Aksh 18 Mar, 19 at 10:20 pm

        Thank you Anil


  15. Parampreet Chhina
    Parampreet Chhina 15 Mar, 19 at 10:12 am

    Hello Anil,

    Thank you again for helping us out. I am currently working with company A with H1B extension valid until 09/20 and an I140 that was issued in 2016. I am in the process of leaving company A ( and they told me my I 140 will not be affected). My question is: a) If I get employed by company B- do I have to reapply for my PERM and apply I140 all over again? b/ Is it true that the priority date still stands same after I get my new I140?

    Thank you
    Best


    • Anil Gupta
      Anil Gupta 15 Mar, 19 at 7:38 pm

      You will have to apply for new PERM and new i140 with new company if you want to file GC (as and when gets current) with this new company.

      You can port your priority date.


  16. Nevsky
    Nevsky 4 Mar, 19 at 11:16 pm

    Hello Anil,

    Thank you for helping so many people (like me) on immigration questions. Pls continue to do the same. I have a question related H1 Extension.

    I am currently with Company A on my 5th year of H1 with an approved I-140 (6 month period crossed).
    I got an offer from Company B who are willing to do my H1B transfer and GC processing as well (but no exact start date of GC processing).
    My current H1 expires in Aug 2020.

    My questions are:

    1) Can Company B file my H1B Extension using Company A’s approved I-140? If yes, Are there any mandatory docs that I need from Company A.
    2) And during H1 Transfer process, can I travel out of country in case of emergency? Is it advisable? I have valid stamping till August 2020.

    Pls help. Thank you!!


    • Anil Gupta
      Anil Gupta 5 Mar, 19 at 12:16 am

      Company B can file H1B Transfer using company A’s approved i140. You only need i140 copy.

      I do not recommend travel if you join new employer on receipt. Risks of Travel while H1B pending.


      • Nevsky
        Nevsky 5 Mar, 19 at 9:44 am

        Thanks for the reply Anil. I am assuming you meant to say “Company B can file H1B Extension using company A’s approved I-140”.


        • Anil Gupta
          Anil Gupta 5 Mar, 19 at 10:15 am

          Company B will file your H1B transfer if you are currently working with Company A. All transfer applications are also extension applications.


          • Nevsky
            Nevsky 5 Mar, 19 at 12:43 pm

            Thank you Anil, understood now.


  17. Revin
    Revin 2 Mar, 19 at 3:44 pm

    Hi Anil, First of all, wanted to thank you for providing all the useful information. My question is,

    My current VISA is due for expiry on Mar 20 2019 and the extension is in process (6 yr max out date is Sep 05 2019). My company has started the internal processing for PERM filing,

    1. Wanted to know if for PERM filing, do I have to maintain a valid VISA status ? If the PERM filing can be done only after Mar 20 2019, by then I would go out-of-status, can the PERM application still be filed ?

    2. Assuming things go well, how much time would be required to get the 7th H1B VISA processed & approved once I have my I-140 approved ? And is there premium processing available for this 7th year extension.

    Thanks again!


    • Anil Gupta
      Anil Gupta 2 Mar, 19 at 6:01 pm

      Why would you go out of status is your extension has already been filed?

      Premium processing is available for H1B application based on if USCIS suspended it ot not temporarily. Does not matter if its a 7th or 10th year extention.

      H1B application processing will take its usual time as it take normally.


  18. Suman Sarkar
    Suman Sarkar 2 Mar, 19 at 12:51 am

    Hi Anil,

    I got my I-140 approved in August 2016, PD: May 2014 with Company X. Now I got an offer from Company Y. Most probably Company Y will not do PERM/I-140, I am still trying to negotiate with them. My questions are:

    1. Say I work for Company Y for 18 months (they do not file my PERM) and then join back Company X. If Company X does not revoke my approved I-140, after I join them back do Company X need to again file PERM and I-140 or the old I-140 will still be valid? In case Company X revokes my I-140 after I join Company Y and I rejoin Company X, they need to again file my PERM and I-140. Please validate my understanding.

    2. I completed 6 years in Nov’ 2017 and have H1 valid till July 2019. My current company (Company X) has already filed my H1 extension. Can Company Y still start H1 transfer? In that case USCIS will have 2 applications for me at the same time (Company X filed H1 extension and Company Y will initiate H1 transfer). Is that fine?

    3. After leaving Company X, if company revokes my I-140 and if I check I-140 status on USCIS site, will they show if Company X revoked I-140 or USCIS revoked it ?

    Thanks in advance!


    • Anil Gupta
      Anil Gupta 2 Mar, 19 at 7:44 am

      Once an i140 is revoked, it has to be filed again if you want it. Simple.
      If an i140 is NOT revoked, it stays active indefinitely. It does not matter if you keep changing companies every month.

      H1B transfer can be filed anytime using your approved i140 after 6 years of H1B is exhausted. Multiple H1B applications can be filed and can stay active in parallel. There are no issues with it.

      Company X can apply for revocation of i140 if you leave but USCIS won’t revoke it unless they find any fraud or mis-representation of facts after you have stayed with company X for at-least 180 days.


  19. EdTing Green
    EdTing Green 1 Mar, 19 at 6:02 pm

    Hi, my I-140 got approved, but my H1B still have 1 year left of its 6 years period. I have the following two questions:

    1. can my current employer use my approved I -140 to extend my h1b beyond the 6 years period (1+3 = years)?
    2. If I tend to change employer before 180 days of I140 approval, and say my current employer revoked my approved 1-140, may I still use my approved priority date?

    Thanks


    • Anil Gupta
      Anil Gupta 1 Mar, 19 at 6:32 pm

      Maximum 3 years term can be requested in any H1B application at a time.

      You cannot use your i140 if your employer revokes it. I strongly suggest to not leave your current employer before 180 days if you want to save i140 approval.


      • EdTing Green
        EdTing Green 1 Mar, 19 at 6:32 pm

        I assume I can still port priority date from employer a to employer b if change job before 180 days of approval? If I have to change employer, when another beyond 6 year limit h1b extension is needed, I would still be able to use future approved perm/140 from my new employer (employer b). Is that correct?


        • Anil Gupta
          Anil Gupta 1 Mar, 19 at 6:42 pm

          No, you cannot use i140 for any purpose i.e. either H1B or porting your Green card date if employer revokes it.


  20. ramkrishna joshi
    ramkrishna joshi 25 Feb, 19 at 6:46 pm

    Hi, I have question. I have I-140 approved with employer A more than 6 month with SOC code 151132 with role of “Senior Test Automation Developer” now I am getting offer from company B with role of “Quality Assurance Lead” which may be SOC code of 15-1199. Can I switch to employer B based on my company A I-140 approval even though SOC code different? My 6 year expiring in May 12th. If I take the offer it will be 6+ year H1B extension plus transfer. Could you please clarify.


    • Anil Gupta
      Anil Gupta 25 Feb, 19 at 10:27 pm

      You can switch to different SOC code with approved i140 is the new job is the same or similar occupation as per AC21 rules.


      • ramkrishna joshi
        ramkrishna joshi 26 Feb, 19 at 6:15 am

        Job duties are almost similar. It is all related to Testing and related to Automation.


  21. Keyon
    Keyon 25 Feb, 19 at 1:05 pm

    I had my I-140 approved with Company A, after 2 years I moved to Company B and they have started my PERM process which is in progress. My H1b extension is until 2021 (I797) but my stamp expires Aug 2020. I’m planning to move to a new company, possible before the PERM + I-140 gets approved from Company B. Since it takes at least 1.5 yrs for the whole process to get I-140 approved will it be a challenge for me to extend my H1b with the new Company?


    • Anil Gupta
      Anil Gupta 25 Feb, 19 at 1:20 pm

      You can use your already approved i140 from company A to extend your H1B with Company C.


      • Keyon
        Keyon 25 Feb, 19 at 1:36 pm

        How can I check if my I-140 was revoked by Company A or not? Just to clarify that I don’t need another approved PERM + I140 from Company B to push my extension date before getting a transfer to Company C?


        • Anil Gupta
          Anil Gupta 25 Feb, 19 at 1:37 pm

          You can use the i140 receipt number to check status on USCIS website. It will show as ‘revoked’ if it was indeed revoked.

          You do not need i140 and PERM from company B to file H1B extension with Company C. Company A’s approved i140 is enough.


  22. Sudha Maddineni
    Sudha Maddineni 23 Feb, 19 at 3:17 am

    Hi my husband’s i140 was approved 2 years back with employer A and then he changed to employer B and now USCIS revoked i140 from previous employer. How can they revoke it after 2 years of approval? Can we still get extensions with revoked i140? Can we retain PD?


    • Anil Gupta
      Anil Gupta 23 Feb, 19 at 5:38 am

      Did your husband worked with the Employer for at-least 180 days after i140 approval?
      Check this similar recent case: i140 revoked by employer


      • Sudha Maddineni
        Sudha Maddineni 23 Feb, 19 at 11:09 am

        Yes he worked for 2 years after approval and it’s revoked now


        • Anil Gupta
          Anil Gupta 23 Feb, 19 at 4:13 pm

          As per the new rule that came out in Jan 2017, USCIS does not revoke i140 unless they find any fraud or mis-representation in i140 case.
          Not sure what is the reason behind this revocation. You can contact your old employer to ask for the reason.


  23. Praveen Bandila
    Praveen Bandila 22 Feb, 19 at 2:25 pm

    Hi Anil,

    my 6 years max out date is April 15. my H1b visa already expired on October 2018 and i have applied for extension and pending.
    My perm is certified last week and planning to file I-140 on Premium process .
    My questions is
    if my 140 approves next couple weeks , do i need to again apply for H1B extension .
    can i stay in US after 6 year after 140 approves as my visa extension is already in process which i have filed in 2018.


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 5:27 pm

      What period of approval has been requested in your current H1B pending application? Do you know?
      Ask your employer if they have not shared it.


      • Praveen Bandila
        Praveen Bandila 25 Feb, 19 at 8:52 am

        my employer has requested up to April 21 2019


        • Anil Gupta
          Anil Gupta 25 Feb, 19 at 9:42 am

          You need to file a new H1B extension using your approved i140 to stay beyond your H1B max out date.


          • Praveen Bandila
            Praveen Bandila 25 Feb, 19 at 10:49 am

            Hi Anil,

            applied H1b extension still pending. i have applied this on 10-Oct-2018.
            once my 140 approves do i need to wait for to get approval for current applied H1b extension or i can apply new extension if old extension is pending.


            • Anil Gupta
              Anil Gupta 25 Feb, 19 at 12:01 pm

              You need to file a NEW H1B extension using your approved i140 as you mentioned that your current pending extension has the requested period only up-to April 21 2019.


  24. Rocky16
    Rocky16 20 Feb, 19 at 3:13 am

    Hi Anil,
    First of all, let me thank you for providing this platform. You are doing a wonderful job. So here is my question: My H1B expires on 24 April 2019 (6 YEARS MAX OUT DATE). I’ve 40 days (for stay outside of US) that can be recaptured and I’ll be applying for H1B extension to recapture those 40 days which will extend my H1B to June 04 2019. I can’t go for premium as it’s suspended for all H1-B extensions. I wanted to know if the 240 days rule applies to my case once I have applied for H1B extn and its pending with USCIS? If yes, it would mean I can actually stay longer than June 4 OR will I need to leave the the country on my 6 years max out date (June 04 2019). My PERM was filed on 20 Jan 2019 and is pending decision. Please advise


  25. Deekay
    Deekay 16 Feb, 19 at 7:11 pm

    I am maxing out H1b. Current visa expires March 22 but I have another 10 days to recapture. My Perm process is still in recruitment stage(Labor will be filed in April start).
    To avoid getting out of status I am leaving US March 18. So technically I Will have 2 weeks including recapture in my current H1b.
    After my Perm my company will file I140 in premium.

    So my question is when my I140 is approved in next 6 – 8 months (when I am outside US with expired I94) how can the extension be done to reenter US?
    1) two step process : first apply for extension for 2 weeks left in current H1b and then after in US apply for 3 year extension with approved I140 before 2 weeks expires.
    OR
    2) when I am in India can they apply directly for 3 year extension with I140 approval?


    • Anil Gupta
      Anil Gupta 17 Feb, 19 at 7:32 am

      You can apply for full 3 year H1B extension using approved i140 from India. No need to apply for 2 weeks H1B extension as you are leaving US anyway.


  26. K_P
    K_P 14 Feb, 19 at 11:59 am

    Hi Anil

    I have completed my 4.5 yrs of H1B and now applied my furthet extension and unfortunately i cant expedite due to unavailability of premium processing..my company will not sponser green card ..is it possible to get perm and i140 approved if i change company after premium resumes and get my decesion..do you think still 1.5 yrs alone is sufficient time to start perm process and get i140 aporoved withinend of my 6yr period..whar are thr risk??pls suggest


    • Anil Gupta
      Anil Gupta 14 Feb, 19 at 12:11 pm

      You can get PERM and i140 approved within 12 months if you start now. I have given complete Green card filing process and tentative timelines here.


      • K_P
        K_P 14 Feb, 19 at 3:13 pm

        Thanks..appreciate your quick response


  27. Arockiaselvam william
    Arockiaselvam william 14 Feb, 19 at 12:20 am

    My I140 got approved in oct 2017 through Future Employer . I am reaching my maxout in Jun 2019 . But still I am working with different Employer. Am I eligible to file extension based on I 140 from future employer. I got from FOIA I129 application form with Approved stamp from USCIS and Receipt number and A – number on it. Is this sufficient to file extension without I 797 Approval Notice because future employer is not sharing the I140 Approved I797 approval notice. But I am sure my Future Employer never revoked my petition now it has been crossed 18 months. please let me know what are the options I have to file the extension


    • Anil Gupta
      Anil Gupta 14 Feb, 19 at 6:54 am

      You can use your approved i140 to file H1B extention with current employer.

      Approved i140 copy will be required.


  28. MNS
    MNS 10 Feb, 19 at 12:25 pm

    Hi Anil,

    My I-140 approved few years back, priority date July 2012, my wife is on H4 EAD expiring in Nov 2019 along with my current H1. If I switch to new employer, given that they will transfer H1 and file for new perm, can I apply for her H4 EAD extension after Nov 2019 (if the program still exists) using my old approved I-140 because new perm process with new employer can take a year at least!


    • Anil Gupta
      Anil Gupta 11 Feb, 19 at 8:04 am

      You can apply for H4-EAD with old Employer’s approved i140 for as long as you want. Just make sure that this i140 has not been withdrawn.


  29. Arjun
    Arjun 9 Feb, 19 at 10:01 am

    Hi Anil,

    My employer has applied for i 140 and it is in pending state right now. Might take another 6-8 months. My wife is under H4 visa, and she needs to apply for H4 EAD once my i 140 is approved. My questions are as follows:

    1- After my i 140 is approved can my wife right away apply for h4 ead or has to wait for 180 days? And how much time does it take to get H4 EAD?
    2- Can i change my employer after receiving i 140 immediately or i have to wait 180 days?
    3- If i change my employer after i 140 is approved, will it continue from there or new employer has to apply from scratch?
    4- If i change my employer after i 140 is approved, and H4 EAD approved, does my wife again have to apply for h4 ead with new employer?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:42 am

      1. Your wife can apply for H4 EAD immediately as soon as you receive i140 approval. No need to wait.
      My suggestion is to upgrade i140 to premium by paying yourself.
      The chances are high that H4 EAD goes away later this year and it is better that you file your H4 EAD before it is revoked!
      https://www.am22tech.com/h4-ead-news-termination/

      H4 EAD processing time tacking:
      https://www.am22tech.com/uscis/ead-processing-time/

      2. You should wait 180 days after i140 approval if you want to keep i140 intact. If you leave before 180 days, employer can withdraw i140.

      3. Approved i140 after 180 days can be used By any employer to keep extending your H1B. But, to file Green card i485 when the date becomes current, your new employer would their OWN i140.

      4. H4 EAd can keep using the approved H4 EAD. H4 EAD does not need renewal on H1B transfer.


      • Arjun
        Arjun 9 Feb, 19 at 2:10 pm


        • Anil Gupta
          Anil Gupta 10 Feb, 19 at 12:26 pm

          Were you able to join the whatsApp group with the link on truvisa.com?
          Let me know if you need help.

          Also, it is better to delete your phone number from your comment. It invites un-wanted spam if you leave phone number openly visible.


        • Anil Gupta
          Anil Gupta 10 Feb, 19 at 12:26 pm

          You can ask more questions on https://www.truvisa.com/c/usa
          or join TruVisa’s whatsapp group. Link to join is given on TruVisa USA category page.

          Let me know if you need more information.
          TruVisa is our Q n A site.


      • Arjun
        Arjun 10 Feb, 19 at 12:26 pm

        Thanks for quick response.


  30. Praveen
    Praveen 28 Jan, 19 at 8:52 pm

    Hi, My wife is currently on H1b and it expires in Aug 2019. Her I140 is under process. Her employer is not ready to process I140 in premium. She has a very good offer from another company.

    1. If I140 is done in regular processing how long does it take to get approved?
    2. How many days does she have to wait after I-140 approval to start her H1B transfer?
    3. Can I apply for H4 EAD when her H1B transfer is going on?
    4. Can H1b transfer be done in Premium processing? If not, what happens to my H4 EAD when her visa expires?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:07 am

      1. We track current i140 processing time here: https://www.am22tech.com/uscis/current-i140-processing-time/
      It can take up-to 6-7 months.

      2. You have to wait 180 days after i140 approval to keep the i140 approval intact for future use.

      3. Yes, you can apply for H4 EAD with approved i140 while H1B transfer in in progress.

      4. H1B transfer can be done in Premium if premium processing is available at the time of filing.
      I did not understand your question about H4 EAD here.


  31. Rahul V
    Rahul V 28 Jan, 19 at 8:51 pm

    Hi Anil,
    I have my i 140 approved from employer A, my current H1 is valid till Sep 2020 and after that i still have 2 yr remaining of my 6 yr period ,my employer haven’t Shared approval notice of i 140 with me, now i m planning to move to employer B they told they will do h1b transfer but for new Perm filling for i140 they r not sure as of now,
    How i can get copy of my approved i 140 done by employer A?
    As per latest news my priority date is Sep 2017 so i am sure my GC will not cm in next 20+ yrs for sure and i hv no plans to stay in US for so long. 🙂
    Can you please tell if i wnt to extend my H1 after 6 yrs for few more yrs and return to India and if employer B doesn’t file for new 140 also, will it be possible to get H1 extended after 6 yrs using employer A approved i 140 ?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:03 am

      You can use FOIA request to get your employer A i140 information:
      https://www.am22tech.com/uscis-foia-request-for-i-140-information/

      Yes, you can extend your H1B after 6 years using Employer A’s i140 if you leave Employer A after 180 days of i140 approval.


      • Rahul V
        Rahul V 9 Feb, 19 at 10:11 am

        Thanks Anil for prompt response, so just to be clear if i move to employer B and if they don’t file my new perm for next few yrs, still i can get my h1b extended using approved 140 from employer A, its been more than 180 days since it’s approved.
        Thanks a lot for quick response and information.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:42 am

          Yes, you can use Employer A’s i140 to keep extending your H1B as long as you want.


          • Rahul V
            Rahul V 9 Feb, 19 at 2:10 pm

            Thanks Anil for clearing doubt. 🙂


  32. sivakumar
    sivakumar 14 Jan, 19 at 9:47 am

    I have worked as a licensed pharmacist in the US for 7 years and I my I-140 has been already approved with the priority date of November 7, 2010. I had to come back to India in June 2016 and I am in India now. My H1B was expired on October 3, 2018.

    – Do I have to have a valid H1B in order to attend the interview at US Consulate in India for Consular Processing?

    Thanking you,


    • sivakumar
      sivakumar 14 Jan, 19 at 9:48 am

      Thank you. One more question. Can I still attend the interview for GC at US Consulate in India without having valid H1B when the date becomes current?


      • Anil Gupta
        Anil Gupta 14 Jan, 19 at 9:48 am

        Yes, you can opt for i485 consular processing and attend interview when your date becomes current.
        But, the underlying job offer for which i140 has been filed should be available and should be offered to you by your employer.


    • sivakumar
      sivakumar 14 Jan, 19 at 10:04 am

      Thank you


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      It depends on the visa type that you are trying to attend interview for.
      What visa are you trying to get to enter USA again?

      If you want to come back to US using H1B work authorization, then yes, you do need valid approved H1B i797.
      i140 is for future job and does not give your work permit or any authorization to enter US.


      • sivakumar
        sivakumar 9 Feb, 19 at 10:03 am

        H1B


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:13 am

          I updated my answer before you answered. Please read and let me know if you need more information.


  33. Praveen
    Praveen 13 Dec, 18 at 7:50 pm

    Hi @SoanT:disqus , I need your inputs/advice.

    My H1 visa is getting max-out on Dec-2020. My employer is planning to initiate my green card process in July-2019; our attorney normally takes 8 months to file PERM i.e. Feb-2020.
    What is expected date to get LC & I140 (premium)?
    Can I can able to make it i.e. apply H1 extension before Dec-2020?


    • Anil Gupta
      Anil Gupta 13 Dec, 18 at 8:01 pm

      1. Check current PERM Processing time here:
      https://www.am22tech.com/uscis/perm-processing-time/
      2. I140 in premium will get result within 15 calendar days.
      3. You can file H1B 7th year extension if your PERM is pending for 365 days or i140 is approved.
      Does that answer your question?


      • Praveen
        Praveen 13 Dec, 18 at 8:35 pm

        Yes Anil. Thanks!


  34. sasi
    sasi 13 Dec, 18 at 12:04 pm

    hi anil . I have a scenario. i am married and no kids yet.
    My current h1b is expiring in may 2019. i have I-140 approval with my current company.
    i am eligible for premium for no change .So, i recently did h1b renewal with h4 ext and h4 EAD renewal and i got all approvals until may 2022.

    If i am planning to change the company ,
    Do i need to apply h4 ext and H4 EAD with my h1b transfer ?
    Please suggest ..


    • Anil Gupta
      Anil Gupta 13 Dec, 18 at 12:36 pm

      No, you don’t need to file H4 extension or H4 EAD again with transfer.


      • sasi
        sasi 13 Dec, 18 at 1:15 pm

        ok thanks Anil


  35. Sanjay
    Sanjay 3 Dec, 18 at 2:42 pm

    Hi Anil,

    This is an extension of my earlier question.

    I’ve an approved I-140 with employer A. I’m planning to quit and move back to India for awhile. You had confirmed that the I-140 can be used to file extensions with another employer. Is there a maximum time I can spend outside of US before the I-140 becomes invalid?

    Thanks.


    • Anil Gupta
      Anil Gupta 3 Dec, 18 at 3:13 pm

      There is no time limit as far as I know.


      • Sanjay
        Sanjay 3 Dec, 18 at 3:15 pm

        Thanks for your prompt reply, Anil. Is there any way to confirm it?


        • Anil Gupta
          Anil Gupta 3 Dec, 18 at 3:18 pm

          Ya..ask an attorney who charges money 🙂


          • Sanjay
            Sanjay 3 Dec, 18 at 3:21 pm

            :))


  36. Sharat
    Sharat 3 Dec, 18 at 7:48 am

    Hi Anil,
    I have used 5 years 10 months in H1B and my I 140 approved. I am in the India and Planning to change my employer.
    My question is – is any time frame for transferring H1B to new employer ? Can H1B transfer is possible after couple of year if I changed employer?


    • Anil Gupta
      Anil Gupta 3 Dec, 18 at 8:09 am

      Yes, with approved i140, you can change employer anytime. There is no time frame.


  37. guru
    guru 28 Nov, 18 at 4:38 pm

    Hi Anil ,
    I have completed 6 years on H1b and I 140 is approved .My H1b extension is in process .If it is denied then I m planning to change employer in India and work there for couple of months .Can new employer in India file H1b transfer using previous I 140 even when there is no underlying H1b ?
    Please suggest best approach


    • Anil Gupta
      Anil Gupta 28 Nov, 18 at 4:40 pm

      Yes, new employer can file H1B transfer using approved i140 from India.


      • guru
        guru 28 Nov, 18 at 4:44 pm

        I appreciate your prompt response Anil .Thanks


        • Anil Gupta
          Anil Gupta 28 Nov, 18 at 4:45 pm

          You are welcome. Let me know if you need more information.


  38. Ahmed Abdalla
    Ahmed Abdalla 28 Nov, 18 at 11:08 am

    Hi Anil,

    I am on STEM OPT and still have 2 years left on my STEM EAD. My employer filed PERM and we will go for premium I-140, if everything went ok on the immigration part and if I completed 180 days with approved I-140 can I change employer should my company start laying people off ? What the new employer should do to keep my green card process going ? My EB-2 Green card case is ROW which doesn’t have long waiting times and it’s current.


    • Anil Gupta
      Anil Gupta 28 Nov, 18 at 11:33 am

      If your priority date is current, then you should file i485 immediately with your current employer.
      If you switch employer A after i140 approval, your new employer B will have to file PERM and i140 again and then you will be able to file i485 adjustment of status.

      So, it is better that your get your green card with employer A and then change employer if you want to.


  39. KRISHNA VAMAN KULKARANI
    KRISHNA VAMAN KULKARANI 27 Nov, 18 at 6:26 pm

    Hi Anil,

    Could you please let me information for below situation

    I have approved I140 from Aug 2018 and stayed with employer A for less than 6 months and my 6 years Of H1B will be exhausted in Jan 2020. Current Employer A for acquired by Employer B. But I’m planning to switch job as many of them are being removed. If I move to Employer C, can I still be able to extend H1B beyond 6 years ? Now with situation who will be legally authorized to revoke Employer A or Employer B ? Employer B is still in process of acquisition integration and has just started with H1B and I140 transfer.

    Thanks in advance


    • Anil Gupta
      Anil Gupta 27 Nov, 18 at 7:23 pm

      Legally, your employer A can file for i140 withdrawal.
      New employer B will have to file another i140 in any case.
      Since employer B does not hold your i140, they cannot revoke it either.
      Employer C can use employer A i140 if it is not revoked.


  40. Vino
    Vino 26 Nov, 18 at 11:48 am

    Hi, my I-94 is expired in June 2018. Currently working with an employer who filed H1B transfer and it is in RFE now, yet to respond. I got my labor certification approved and expired March 2019. My 6 years is ending on August 2019. Can I apply I-140 right now in premium processing?


    • Anil Gupta
      Anil Gupta 26 Nov, 18 at 11:55 am

      Yes, you can apply for i140 in premium now.


      • Vino
        Vino 26 Nov, 18 at 12:01 pm

        Thank you, should the job title between H1B visa and the labor certification match?


        • Anil Gupta
          Anil Gupta 26 Nov, 18 at 12:03 pm

          The Labor (PERM) is for future job and it can be different than the current H1B job.
          But, usually, both are same. It depends on how your employer has filed PERM and on what basis.


          • Vino
            Vino 26 Nov, 18 at 5:06 pm

            Thank you, question regarding my H1 RFE which was a regular processing initially. My employer responded for Speciality Occupation RFE today and USCIS will receive the fedex package tomorrow 11/27. Assuming USCIS will start working from 11/28 on my RFE, what is the processing time it takes currently to get the decision? As I have already mentioned my H1B has expired in June 2018.


            • Anil Gupta
              Anil Gupta 26 Nov, 18 at 6:50 pm

              RFE response processing is taking an average of 90 days at this time.
              If you are lucky, you may get result earlier than that.


  41. Sharat
    Sharat 26 Nov, 18 at 10:46 am

    Hi,
    I have approved I 140 and completed 2 years with the employer. now planning to move another employer, my current employer refused to give me I 140.
    1) Is new employer can able to do h1b transfer without having I140 copy base on SSN?
    2) how can I get copy of I 140?
    Please suggest me


    • Anil Gupta
      Anil Gupta 26 Nov, 18 at 10:48 am

      1. Your new employer can transfer your H1B if you have NOT used the H1B 6 year quota yet.
      If you have already spent 6 years in USA on H1B, then i140 is needed to transfer.

      2. You can request i140 directly from USCIS using FOIS request. Sample application:
      https://www.am22tech.com/uscis-foia-request-for-i-140-information/


      • Sharat
        Sharat 26 Nov, 18 at 11:57 am

        Thanks Anil.
        I have completed 5 years 9 months in the USA.
        so my new employer need to fill 1st PERM and I 140 then only he can fill H1B extension or dirctly H1B extension ?
        what is validity of I-140?
        After 2 years of I 140, can employer still revoke my I 140?


        • Anil Gupta
          Anil Gupta 26 Nov, 18 at 12:00 pm

          Your new employer can use your existing approved i140 to apply H1B transfer and get extension beyond 6 years. This is perfectly fine.

          i140 is valid with no end date.
          If you have stayed with your i140 employer for 180 days after its approval, it cannot be revoked now. So, you are safe.


          • Sharat
            Sharat 26 Nov, 18 at 9:45 pm

            Thank you very much Anil. appreciate your help.


            • Anil Gupta
              Anil Gupta 27 Nov, 18 at 8:55 am

              You are welcome. Let me know if you need more information.


  42. Karthik
    Karthik 23 Nov, 18 at 9:32 am

    Hello Anil!
    Really good thread! I got a specific question

    I completed 2 H1b with Employer A & above to complete 3rd H1b with Employer B

    1. My Employer A filed I140 & Priority date Nov 2015.

    2. I moved to Employer B after 6 months with approved I140 and Employer B applied transfer & got 3 more years for me.

    3. But its been 2 years with Employer B and there is a delay in applying Perm.

    4. My Question – Can Employer B apply another Extension using Employer A I140 without starting Perm ? Will it cause any issue?

    Advance thanks Buddy!


    • Anil Gupta
      Anil Gupta 23 Nov, 18 at 11:33 am

      Yes, employer B can file as many H1B extensions as they want using employer A approved i140.


      • Karthik
        Karthik 23 Nov, 18 at 11:43 am

        Perfect! Now i can sleep peacefully! 1 last question, upon calculating some dates, i predict my priority date will be current in 2023, so my plan is to go back to my Employer A just before ( 1year) so that he can continue doing next steo (i485).. Is that ok? Sorry too maby questions


        • Anil Gupta
          Anil Gupta 23 Nov, 18 at 12:09 pm

          Yes, you can move back as per your plan.


  43. AD
    AD 20 Nov, 18 at 2:35 pm

    I have I140 approved with company A 2010 priority date, my current company B not yet filled for GC, can I use company A I140 for my current company B extension even if my priority date become current before filing extension.


    • Anil Gupta
      Anil Gupta 20 Nov, 18 at 9:37 pm

      Yes, you can file H1B extension.
      Don’t worry, 2010 priority date is not going to be current anytime in next 4-5 years.


      • AD
        AD 21 Nov, 18 at 10:18 am

        Thanks Anil !!
        4-5 years ha ha ,, so how long we can use company A I-140 to file for extension with company B is there any limit on it or not ?


        • Anil Gupta
          Anil Gupta 21 Nov, 18 at 10:28 am

          You can keep using it as long as you want or until your priority date gets current and you move to VIP area of GC holders :).
          As far as I know, there is no limit.


          • AD
            AD 26 Nov, 18 at 10:30 am

            Thanks !


  44. RockyJ5
    RockyJ5 4 Nov, 18 at 10:52 pm

    Hi,

    Could you please let me information for below situation

    let’s say have approved I140 and stayed with employer for more than 6 months and my 6 years Of H1B are also exhausted. now have applied for extension , i got 3 years of visa and now have left the country due to some personal reasons . Now lets say have not travelled for 4 years ( so my visa got expired ) and now have decided to travel back

    1. Can i apply for visa extension with approved I140 ?
    2. How many years we can stay idle without applying for H1B extension on approved i140 ?
    3. Can I file with another company with this I140 and no valid H1b ?

    Thanks in advance


    • Anil Gupta
      Anil Gupta 5 Nov, 18 at 8:25 am

      1. Yes, you can apply for H1B extension with approved i140.
      2. There is no limit on number of years if you have approved i140.
      3. Yes, you can file with another company with approved i140.


  45. Sanjay
    Sanjay 29 Oct, 18 at 8:43 am

    Hi,

    I’ve an approved I140 with employer A.

    I’m planning to quit and move back to India for awhile.

    Can the approved I140 be used to file for H1B with employer B in future?

    Thanks.


    • Anil Gupta
      Anil Gupta 29 Oct, 18 at 8:52 am

      Yes, you can use it later to file H1B extensions with any employer. Make sure the i140 has been approved for at-least 180 days when you quit.


  46. ashok
    ashok 28 Oct, 18 at 3:05 pm

    This is great information. I have specific question. Maybe someone can help me clarify this…

    I have completed 6 years on H1B and I have an approved I140 with employer A, completed more than 180 days. One year back I changed to employer B, basically did a H1B Transfer with Employer B got H1B extension for 3 years. My current employer B is delaying GC process, my current H1B ends in May 2020. If my employer B do not apply for labor by May 2020 can I do H1B extension with Employer B with my approved I140 from Employer A? Or do I need to have labor from Employer B? What are my options? Can I change to Employer C with my approved I140 from Employer A? Please let me know. Thank you.


    • Anil Gupta
      Anil Gupta 28 Oct, 18 at 5:25 pm

      1. Yes, you can do Employer B’s H1B extension in 2020 with employer A’s approved i140. Labor and i140 from Employer B would be required at the time of filing i485 as and when your priority date becomes current.
      2. Yes, you can change to employer C.


  47. Shiva
    Shiva 22 Oct, 18 at 9:51 pm

    Hi Anil Gupta,

    i have an approved 1-140 which was withdrawn by previous employer A after 6 months of validity. My current employer B is in process of applying PERM, and it might take a while to get my i140 approved. If I want to change employer to C, do I have to wait for 6 months after getting my i140 approved from employer B or should I be okay without waiting for 6 months, since date was ported from previous approved i140 through employer A(withdrawn)?


    • Anil Gupta
      Anil Gupta 23 Oct, 18 at 5:13 am

      You should wait for 6 months with employer B’s i140 after approval.


      • Shiva
        Shiva 23 Oct, 18 at 8:27 am

        Thank you Anil


        • Anil Gupta
          Anil Gupta 24 Oct, 18 at 9:11 am

          You are welcome.


          • Shiva
            Shiva 14 Jan, 19 at 9:47 am

            Hi Anil,

            Can my employer B file for an H1B extension on my previous withdrawn i140(Worked more than 6 months after approval) and get approved?


            • Anil Gupta
              Anil Gupta 14 Jan, 19 at 10:04 am

              Yes, employer B (or any other employer) can file for H1B extension based on approved i140 from Employer A.


              • Shiva
                Shiva 9 Feb, 19 at 10:03 am

                Thank you Anil for quick response.


  48. srikanth k
    srikanth k 11 Oct, 18 at 1:51 pm

    Hi Team, i have a question, please help me
    i have an approved I-140 with my previous employer A, and he withdrawn it after 6 months of validity. which is on May 2015.(i came to know about this later)
    My current employer B did an extension and by June 21st 2018 i finished my 6 years of h1b. i dont have my I-140 with my current employer B, but i do have my perm labor approved on August 5th 2018. My current employer B applied for extension (after 6 year) based on my previous i-140(which is done by Employer A) and i got an RFE last week(Oct 5th ) for that, can i get my extension based on my approved perm labor with current employer B?? my current employer B is about to apply I-140.


    • Anil Gupta
      Anil Gupta 11 Oct, 18 at 2:41 pm

      1. Employer B can file H1B extension for 1 year at a time using approved PERM.
      2. Employer B can file H1B extension for 3 year at a time using the i140 approval.
      3. Employer B can apply for i140 in premium processing and get result within 15 days and then file 3 year H1B extension after 6 years.


      • srikanth k
        srikanth k 11 Oct, 18 at 5:02 pm

        Thanks Anil.


  49. Raja
    Raja 28 Aug, 18 at 9:40 am

    Hi team I have a question:

    Was on H1 from 2005 to 2012
    Approved I-40 in 2009
    But the H1-B was denied at the consulate in 2012, Appeal was denied too.
    Currently On a F1 visa in USA and was never out of status in the country.

    Based on the approved i – 140 can apply for a new cap exempt H1-B.

    Thank you for suggestions in advance.


    • Anil Gupta
      Anil Gupta 29 Aug, 18 at 9:21 am

      Yes, you can apply for H1B extension based on pending I-140.
      These questions would need answer too:
      1. Did you ever get your priority date current in last couple of years? If yes, why did you not file I-1485 if it was current?
      2. And is your I-140 still valid?


  50. Test User
    Test User 26 Aug, 18 at 7:06 pm

    I140 is filed but employer doesn’t not share case#

    1. Could I use FOIA to get case# ?
    2. Would a FOIA request affect my chances of 140 approval?
    3. Would the employer know if I filed FOIA request?


    • Anil Gupta
      Anil Gupta 28 Aug, 18 at 4:28 am

      1. You can file FOIA request but I would suggest to wait for i140 approval. That way, you can get the i140 approval copy also.
      Step by Step FOIA process for i140: https://www.am22tech.com/uscis-foia-request-for-i-140-information/
      2. No, FOIA request does NOT affect chances of approval or rejection. FOIA is just a request for information. It does not have any relation to the result of the application.
      3. No, employer is not informed about the FOIA request.


  51. Khajur
    Khajur 16 Aug, 18 at 1:08 pm

    I have an approved i140 which was approved 2 years ago and completing my 5th year on H1 soon.
    I am planning to return to india.

    Can i use the existing i140 in future if i want to come back to US for another employer after sometime?? Basically can the new employer get approval for 3 years ??


    • Anil Gupta
      Anil Gupta 16 Aug, 18 at 1:29 pm

      Yes, you can use approved i140 to apply for 3 year H1B extension in future.
      Make sure your current employer does not revoke your i140 though, when you return to India.


  52. Jai Ho
    Jai Ho 15 Aug, 18 at 2:10 am

    H1B maxed out, hence returned to India in May 2018.
    140 got approved in July.
    Currently on ‘leave of absence’ with my employer as they do not have any projects/offices here in India.
    Hence, no salary.

    Q: Can I apply now for other employers from India so that they can then file my extension for 7th year?
    Q: Do I need to be on payroll with current employer who got my 140 approved so that I can wait for 6 months to retain my priority date? Or the 6 months is just calendar days regardless whether I am actually working through them, being paid, etc.

    Please advise.


    • Anil Gupta
      Anil Gupta 15 Aug, 18 at 7:21 am

      1. Yes, any employer can use your approved i140 to file for your H1B extension for 7th year.
      2. 6 months is usually counted as calendar days. It is not necessary to keep working for the i140 employer but is usually recommended. Since, you are not is US, you obviously cannot work for the employer. So, this should not be an issue.
      But, remember, if you join a new employer before 6 months of i140 employer AND your i140 employer withdraws your i140, you will NOT be able to port your priority date to new employer.
      So, it is recommended that you wait for at-least 6 months before you move to new employer OR make sure that your current i140 employer does NOT apply for i140 withdrawal.


  53. indian
    indian 6 Aug, 18 at 3:31 pm

    One of my friend transferred successfully, to employer B from employer A. Her 3 years visa is about to expire and applied extension with B. will there be any effect or denial of Extension now, if previous h1b is revoked after she left A about 2 years ago?


    • Anil Gupta
      Anil Gupta 6 Aug, 18 at 5:59 pm

      No, there is effect of previous employer’s H1B withdrawal on new one.
      Do you mean the I-140 revocation by employer A or H1B withdrawal?
      Neither one has any impact on employer B’s extension now.


  54. Aughlin
    Aughlin 24 Jul, 18 at 11:14 am

    Just 12 months left on my H1B (in higher education)(36+24 months used).. If I move to another employer does my H1B start a new 3 years with them?


    • Anil Gupta
      Anil Gupta 24 Jul, 18 at 11:49 am

      No. You can use only total 6 years at a stretch including any number of employer changes during that period.
      To get 7th year extension and beyond, you have to have either PERM applied and pending for 365+ days or have your i140 approved.

      If not, then, the only option is to go out of USA and stay out for at-least 365 days and re-apply for new H1B lottery quota.
      You can off-course move to any other non-work visa type like F1 if you want to stay in USA.


  55. Star
    Star 6 Jul, 18 at 8:50 am

    Please comment on
    I-140 approved, H1B transfer(visa expired 5 yrs back) and then H1B Extension beyond 6 year from India?


    • Anil Gupta
      Anil Gupta 6 Jul, 18 at 9:20 am

      It depends on how much time have you already used on your H1B. How much time were you in USA on H1B visa?
      Also, when was the first H1B approved?


      • Star
        Star 8 Jul, 18 at 11:54 am

        I have used all the 6 yrs while I was in U.S and then came back to India.


        • Anil Gupta
          Anil Gupta 8 Jul, 18 at 12:21 pm

          You can try finding an employer who can file for your H1B extension based on I140. Are you sure your I140 is still valid?
          Has your GC priority date been current in recent past?


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