i140 H1B Extension or Transfer After 6 Years

Anil Gupta  18 Mar, 19      143  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I-140 revoked before approval – You cannot use i140 if it has been revoked by employer before its approval.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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Old Comments

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  1. 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   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.

  2. 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   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.

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