H1B Extension after 6 Years Max Out (i140 Transfer & Recapture Days)

USA
33

I don’t see any risk.

34

Hi Anil - Thank you for your response!!

35

Hi Anil,
Thanks a lot for all your contribution to the community.
Could you please assist by responding to below question too :

I am working for company A ( I140 is not approved )
but I have an approved I140 through company B( as I140 is future employment and currently I don’t have even a single pay check through company B)
Now, I got a new offer in company C .
So, can I switch directly from company A to company C using approved I140 of company B ? I really appreciate your response. Thank you.

36

Hi Anil,

Please help to clarify the below question.

  1. I have an approved I-140 with employer A (PD is Aug 2015)
  2. I joined employer B in Feb 2020 and employer B hasn’t filed PERM yet.
  3. Employer A has withdrawn my I-140 in April 2020.
  4. Employer B has done H1B extension in October 2020 using the I-140 and it got approved without any issues.
  5. If I go back to employer A, does employer A need to refile PERM process again or would it be sufficient to just refile I-140 and I-145 when PD is current.
37

Employer A should be able to file i140 again using the previous PERM but it might be a little complex.

38

Thank you for the reply Anil!

Is it possible for Employer A to transfer H1b using withdrawn I-140. (As they are the one who withdrawn my I-140, can they do H1B transfer using the withdrawn I-140 or do they need to reinstantiate I-140 first based on old PERM and then do the H1-B transfer).

39

HI Anil,
From one of the law firm, they confirmed that I-140 priority date can be ported from one employer to another even though the job description is different and field of work is also different. For e.g you can port priority date from Emp A to Emp B from software engineer to Mechanical Engineer ( In this case he gave the example of software engineer to lawyer). However within the same employer if your Job duties changes drastically you cannot use the same I-140 to Get GC when your priority date becomes current.

40

Thank you for this informative article.
I had my EB2 I-140 approved in 2018 and my EB-1 I-140 in Jan 2022. I am filing for H1B extension (6 years will be over in August 2022) along with H4 and H4 EAD for my spouse. I am also submitting our I-485s separately.
Should I use my EB-1 or EB-2 or both I-140s when I apply for H1B, H4 and H4 EAD extensions? Thank you!

Paul

41

Just use the most recent EB1 I-140.

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42

Thank you for the clarification!

44

Hey, Rajeevdm did you get any answer to your questions. I too am in the same boat.

45

Hello All,

I have my I-140 approved with priority date of Oct 2018. Due to health reasons I had to take a career break and move back to India. Since I have left my employer, will I be able to re-apply for a job in the US? How long will the I-140 remain valid?

46

Once approved I-140 can be used for AC21 H1B extensions, no time limit until your date is current when the USCIS expects you to file AOS.

47

Thank you Kalpesh. Just to clarify I am on EB2 H1B and my visa would expire this August. I understand that I can remain unemployed even after H1B 6 years expiration and continue living in India as long as my priority date does not get current.

That said, I plan to reapply for a job in the US asap.

48

H1B status expires automatically once you leave the H1B job and the US. It doesn’t matter if you are employed or not outside of the US.

49

Hi…thank you and appreciate your efforts for bringing up nice articles.
I have a query, can someone answer? My PWD is currently in process and will not have enough time to get I140 approved before H1 maxout. I have to go back to India. Can I stay without job in India and comeback to US once I140 is approved for the same employer? (for this I have to negotiate with my employer to rehire me after approval as they may not agree for remote work option). Is this feasible?

50

Yes this is totally fine.

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