i140 H1B Extension or 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 Am22tech
  By Am22tech      Updated  16 Oct, 19

  201    


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I-140 revoked before approval – You cannot use i140 for extension if it has been revoked by employer before its approval.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Your i140 stays valid if it has not been withdrawn by employer in 180 days after its approval.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.

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.


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  201 Useful Questions & Answers

  1. 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.


  2. 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.


  3. 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.


  4. 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.


  5. 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.


  6. 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.


  7. 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.


  8. 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 !


  9. 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.


  10. 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.




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