Change of employer after i140 approval

USA H1B Visa
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1

Hi Anil,

I am working as a consultant through a small consultancy. I have 6 months left on my H1 max out period. My i140 got approved recently. My current client is willing to hire me for full time. I need clarification for below.

  1. Can the new employer file perm and i140 before I join them? Do they need to file both perm and i140 or just i140?
  2. Some of my friends are saying, if we change the employer, immediately current employer cancels the i140 petition. If that is the case, how the priority date would be calculated? Based on first perm application or the new one?
  3. Will there be any impact in the long run if I change employer immediately?

Thanks
Mohammed

2

Your employer can withdraw i140 if you leave then within 180 days of i140 approval.

The new employer would need to file new PERM and i140. It can be filed before you join the employer but no employer usually does it.

More information and scenario about i140 transfer.

3

Thank you Anil for your prompt reply.
BTW, if I change employer after 180 days, can the employer revoke current i140 petition?
Thanks

4

They can withdraw i140 anytime but after 180 days, you get immunity and can still use it to Port your GC date and do extension or transfer.

5

Thanks Anil for the reply

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