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I-140 revoked before approval – You cannot use i140 for extension if it has been revoked by employer before its approval.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Your i140 stays valid if it has not been withdrawn by employer in 180 days after its approval.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


  2. 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.


  3. 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.


  4. 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.


  5. 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.


  6. 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. 🙂


  7. 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.


  8. 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!


  9. 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


  10. 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

            :))




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