Can I extend my H1B with I-140 approval but without I-485 , post 6 years max out?

[rc0807]

Hi,
My employer is currently waiting for wage determination from DOL for my PERM (EB2) filing. I heard USCIS has stopped accepting I-485 applications for 2024 and beyond, in the event I get an I-140 approval in next 1.5 years can I extend my H1B with I-140 approval but without I-485 , post 6 years max out?

If yes, how long can I get the extension for - 1 or 3 or 5 yrs?

I am bit confused with the current state of affairs, please suggest.
Thanks in advance!

[Kalpesh_Dalwadi]

@rc0807

in the event I get an I-140 approval in next 1.5 years can I extend my H1B with I-140 approval but without I-485 , post 6 years max out?

You just need approved I-140 for AC21 extensions after 6 years.

@rc0807

If yes, how long can I get the extension for - 1 or 3 or 5 yrs?

With approved I-140 it is generally 3 years.

[rc0807]

@Kalpesh_Dalwadi

With approved I-140 it is generally 3 year

Thanks for the answers.

If I want to switch employer on H1b post 180 days of I-140 approval, for a similar job role, do my new employer need to file PERM again or the existing I-140 can be used as is with the priority date?

Thanks in advance!

[Kalpesh_Dalwadi]

@rc0807

If I want to switch employer on H1b post 180 days of I-140 approval, for a similar job role, do my new employer need to file PERM again or the existing I-140 can be used as is with the priority date?

If your new employer is sponsoring your green card then they will need to file new I-140 but you can port your PD. If they dont file your PERM and I-140, you can still use existing I-140 for AC21 extensions beyond 6 years however your existing I-140 can’t be used to file adjustment of status (I-485) unless your original employer files I-485.