H1B transfer immediately after I-140 Approval


(SamSingh) #1

Hello Anil,


Last week I got I-140 approved with my current employer and now I have an FTE offer from the new employer.

Is it ok to switch the job, also can the new employer get an extension of i797 based on approved I-140 from my current employer?

My passport is getting expired in Apr 2020, should I renew passport first before doing a transfer of H1 B visa? Since I believe I will only get the extension till Apr 2020?

Please advise.

Thank you in advance!

Sam Singh

(Anil Gupta) #2

I140 can be revoked

If you leave your current employer before spending 180 days after i140 approval, your employer can withdraw i140. You will lose your priority date.

Hence, i strongly recommend to stay with your i140 employer for at-least 180 days.
After 180 days, i140 cannot be withdrawn by employer.

File H1B extension and transfer

Yes, any employer can use the approved i140 (if it is not withdrawn) to extend or transfer your H1B.

Passport Renewal before Filing H1B transfer

Passport expiry only affects the i94 validity term and not the H1B i797 validity.
It is recommended to get passport renewed to avoid shorter validity for i94.

(SamSingh) #3

Hello Anil,

Thank you for the information.

Appreciate it.

(SamSingh) #4

Continuing the discussion from H1B transfer immediately after I-140 Approval:

If the current employer will not going to withdraw the application then I am good to go?

(Anil Gupta) #5

Yes, if your current employer does not withdraw i140, then you are safe.