I140 withdrawn by previous employer. Can I use it for h1b extension?


Employer A filed my I140 and it got approved in 2015. Now i moved to employer B using the I140 and got h1b extended beyond 6 yrs. Employer A Started the process for withdrawl of I140

Should Employer B file Perm and I140 again to further extend my h1b or can they use the old I140 to keep extending my h1b till i become current

Apply new PERM and i140 with new employer?

Once you move to a new employer, you have to file new PERM and new #i140 if you want to file for i485 in future when your Green Card #i140-priority-date becomes current.

Use withdrawn I140 for future H1B extensions?

You can use keep using your Employer A’s approved i140 for #h1b-extension as I140 is for future job post.

This means that if your Employer A is okay with offering you the same job when your Green card priority date becomes current, you can choose to NOT file new PERM (and i140) with new employer B.

But, since, your Employer A will withdraw or has already withdrawn your i140, your future i485 (Green card application) cannot be filed when your priority date becomes current.

So, I would advice to file for new PERM and I140 as early as possible with new employer and port your i140 priority date.

Let me know if you need more information.

HI Anil

My priority dates to become current will take many decades. My question is, can I still keep extending h1b via employer B using old withdrawn I140 of employer A.

Will withdrawing I140 will have effect on future approvals of h1b extensions


Yes, you can keep extending using Employer A’s I140.

As per new rule by USCIS in 2017, you can use it to extend but it is advisable to file for new PERM and i140 with new employer too.

When you move to new employer, can the new PERM and I140(from new employer) get approval in one year?
If the new I140 is not approved before the expiry of H1B(which was done with existing employer), Can the new employer use older I140 to file extension?

Hi @DipAtTV

PERM and i140 can be approved in 1 year

Yes, they both can be approved within a year if you file i140 in premium.

H1B extension can be done using old employer i140

Yes, H1B can be extended by employer B using employer A’s approved i140 (if it has not been withdrawn or you worked with employer A for 180 days after i140 approval).

A post was split to a new topic: Is premium processing open for H1B transfer?