7th Year Extension for New Employer with Approved i140

Hi ,

My H1B visa has been maxed out March 2019 , however my current employer had filed my I140 and which is approved now (they filed Perm before I left US, it went for audit and now certified. I did I140 in premium and which got approved).

Now, i have another US company is ready to offer me a job. I just wanted to understand in this case, can I do CAP exempt for 7th year extension/amendment for new employer with existing employer’s approved I140 (which is not revoked/canceled by employer).

Hi @favcker1

You can file cap exempt H1B transfer using approved i140.
But, remember that if your i140 is withdrawn, you may not be able to port your green card priority date.

Hi @Anil.Gupta

Thanks for the reply !!

so if my current company in case cancel the I140 after I joined the new company , I cannot port the priority date and the in that case the priority date will be based on my new company file PERM/I140, correct ? I can still join new company and work as long as H1 B approved , correct ?

If the H1B approval has been given based on approved i140, USCIS can revoke that H1B as well if i140 is withdraw/revoked.

You will need to file a new i140 and may or may not be able to port the GC priority date. It varies with each situation.

thanks @Anil.Gupta

So it is safe to move after 6 months correct?

Also , does companies normally withdraw the I140 since it make some damage to their reputation with USCIS?


It is safe to leave after 180 days.

Employers do withdraw i140.

thanks @Anil.Gupta

One more question - IS there any fee associated with I140 withdrawal?

I don’t think there is any withdrawal filing fees but Employer would have to spend money on attorney fees.

Great ! Thank you @Anil.Gupta

Hi Anil,
Can you please elaborate why it’s safe to leave after 180 days of I140 approval? I am in a similar situation wherein I have a new offer and my current employer got my I140 approved about a year ago (around 350 days approximately). Currently, I am in my final year of H1-B visa.

Hi @mHVK21

As per the new rule published in Jan 2017 by USCIS, i140 cannot be revoked if it has been approved for at-least 180 days.
It can then be used by employee to port GC date and H1B transfer.