H1b 6 year maxed out, returned to India, file H1B transfer using approved i140?

H1B maxed out, hence returned to India in May 2018.
140 got approved in July.
Currently on ‘leave of absence’ with my employer as they do not have any projects/offices here in India.
Hence, no salary.

Q: Can I apply now for other employers from India so that they can then file my extension for 7th year?
Q: Do I need to be on payroll with current employer who got my 140 approved so that I can wait for 6 months to retain my priority date? Or the 6 months is just calendar days regardless whether I am actually working through them, being paid, etc.

Please advise.

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1. H1B extension/ transfer using approved i140 from outside USA

Yes, any employer can use your approved i140 to file for your H1B extension for 7th year.

2. Wait 6 months for filing H1B transfer?

6 months is usually counted as calendar days. It is not necessary to keep working for the i140 employer but is usually recommended.
Since, you are not is US, you obviously cannot work for the employer. So, this should not be an issue.

But, remember, if you join a new employer before 6 months of i140 employer AND your i140 employer withdraws your i140, you will NOT be able to port your priority date to new employer.

So, it is recommended that you wait for at-least 6 months before you move to new employer OR make sure that your current i140 employer does NOT apply for i140 withdrawal.

Hi Anonymous,
What was the outcome of your h1b tranafer/ extension. I am in a similar boat.
Thank you for responding.

Anonymous may not respond as this question was asked by hiding identity.

It is a general user name for anyone who wants to ask without using their real user name.


I was with an Employer A with whom I had I-140 approved and had approved visa till 2024 but due to personal reason I had to relocate to India and had to leave my Employer A.

Now, I have joined Employer B in India not planning to move to US again at least this year, also that I have already completed 6+ years in US. my queries:

  1. Is it possible to get my petition transfer from Company to A to B.

  2. As Employer A would have informed USCIS of this change in employment status and they would have take action to cancel the H-1B approval under Employer A, so still Company B can do the petition transfer.

  3. Anything else that I need to know or should do to achieve option 1.

Thanks in Advance,

Hi @immigrantonh1b

Please see my answer above.

Thanks Anil as always you have been giving a correct information and appreciate for that.

Last question this will be a new petition altogether and will have to go through the approval process requiring to have client letter, MSA, JD etc.
Only benefit is this will not go through the lottery system of H1B right?

Hi @immigrantonh1b

Yes, your understanding is correct.