File H1B extension after employer withdraws i140 after 180 days - AC21

i140

(rahul singh) #1

Current Scenario : My 140 was approved was not withdrawn by employer A untill 180days.
I joined employer B and got H1b approval till my 6yrs validity.
But Employer B did not file for 140/PERM.Employer A has withdrawn 140.

Now Can i move to Employer C ? Will i get H1b transfer approved and extenstion beyond 6 yrs , by using Employer A withrawn 140 ?

Final AC21 updates(https://www.govinfo.gov/content/pkg/FR-2016-11-18/pdf/2016-27540.pdf) in 2016/17 has few updated provisions in
8 CFR 205.1(a)(3)(iii)© and (D) AND 8 CFR 204.5(e)(2).From these updates it seems possible , but not a atornrey so need your help to clarify my understanding .

Also, if a person can continue to change employer once his first 140 is approved , and no additional 140 is required till he files for 485, then how this is different from EAD itself.
thanks
rahul


(Anil Gupta) #2

i140 Withdrawn by Employer

USCIS will not revoke the i140 approval even when employer requests it after 180 days.
That’s the new rule published in Jan 2017 by USCIS.

File H1b extension using old employer i140

You should be able to file H1b extension using your approved i140 from previous employer.

Attorney question?

I don’t understand the question that you have for attorney. Can you give more information?

i485 filing with old employer i140

You need new i140 with your current employer to file i485. or you would need to go back to work for your old employer and then file i485.


(rahul singh) #3

Thanks for answering the query…

So having one approved 140 is as good as EAD…as we will only need new 140 around 485 filling…bt the old one can be used for job transfers as many times as one prefers…or my understanding is wrong…

in my personal group , i see people still afraid of changing employers …they all feel we need 140 from every employer we move to get extensions …and next 797 transfers…why are people not aware…

I don’t have an attorney neither need one…was just pointing out its hard to understand all the clauses as not an attorney…


(Anil Gupta) #4

If people do not know the benefit of approved i140, they need to understand it and make use of it.

Share the website with them and I will educate them :slight_smile: