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  7 Nov, 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I-140 revoked before approval – You cannot use i140 for extension if it has been revoked by employer before its approval.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Your i140 stays valid if it has not been withdrawn by employer within 180 days after its approval. You can use the withdrawn i140 for as many times as you want to extend or transfer your H1B.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.

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’.


USA Work in USA - H1B, L Visa
 



Comments are closed. Ask question on Forum (we answer in 1-24 hour)

Comments are closed. Have a question? Ask in forum