i140 H1B Extension or Transfer After 6 Years

Anil Gupta  20 Feb, 19      108  USA Work in USA - H1B, L Visa

i140 H1B extension is required if you have completed your 6 year quota on H1B. I-140 petition is the 2nd step in a 3-step process for employment based green card.

I-140 in progress, H1B transfer to new employer B and start working?

You can file H1B transfer while your i140 is pending with USCIS.

Related: Current USCIS i140 processing time – Updated Daily

I-140 petition (thereby your Green card) 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.

I-140 in Progress, H1B transfer done, old Employer revokes I-140

I-140 revoked before approval – You cannot use i140 if it has been revoked by employer before its approval.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.

Related: EB2 to EB3 Downgrade for Faster Green Card – India, China

I-140 approved, H1B Transfer to new employer B

Your employer A, can revoke the I-140 if 180 days have not passed from the date it was approved.

After 180 days, Employer A, can still file for revocation but USCIS may not revoke it, unless they consider it a FRAUD case.

You can use your I-140 priority date to port to new employer B.

I-140 approved, H1B transfer, I-140 transfer to new Employer B

I-140 is tied to employer and job. It 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.

i140 H1B extension or transfer after 6 years
i140 H1B extension or transfer after 6 years

I-140 approved, H1B Transfer and H1B Extension beyond 6 year?

Yes. Approved I-140 can be used by any employer to extend your H1B status beyond 6 years.

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  1. 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


  2. 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   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.

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