Does new employer has to file new perm, I-140 if filing extension using current employer I 140?

USA H1B Visa
1

Hello
Thank you so much for guiding us and providing information here…
I am following this thread related to H1b transfer and extension process with an approved I-140 after 180 days.

  1. we dont know when our PD will be current
  2. my current employer will withdraw the approved I140 petition if I resign the company
  3. my new employer is filing extension based off my current employers I 140 approval
  4. does my new employer have to file new perm and I 140 even when they could apply the extension using current employer I 140?
  5. Should I take the new position if my new employer does not file for I 140 and perm?

I will really appreciate your help if you could provide me some direction here

2

You will need a new PERM and i140 from new employer if you plan to file your Green card application (i485) as and when it becomes current.

For the purpose of extending your H1B, you can keep your your old employer’s approved i140 for as long as you want.

3

Thanks for the quick response. But my old employer plans to withdraw the I 140. can I still use it to extend multiple times?

4

If you have stayed and worked with your old employer for at-least 180 days after the i140 approval, they cannot withdraw it now.

5

Thanks. Yes I have stayed and worked with my old employer for more than 180 days after i140 approval. Why are they saying that they will withdraw my I 140 if I resign my old employer?

6

They are just trying to scare you.

7

I see, so chances are they will apply to withdraw the I 140 but USCIS may still consider it valid.

How can I find out if the I 140 gets withdrawn or not?

Any chance USCIS would revoke it?

8

Employer can apply for revocation but USCIS will not revoke until they find any mis-representation or fraud with your i140 case.

Do not worry.

9

Can the extension be filed as many times with new employer as needed if I have an approved I140 and my previous employer has withdrawn I 140. But USCIS still entitles me of the approval?

10

Hi @pvisa

Yes, you can keep using the i140 to extend until your PD date gets current.