H1B transfer when i140 is in progress

Hi Team
I am working for Employer A and my i140 is filed by Employer A in EB2 and it’s in progress.

Employer A confirmed that they will not revoke my i140 at any point.

Can I switch to Employer B when i140 is in progress?
Are there any legal constraints that I have to be with Employer A during my i140 approval to be valid?

Note: I have 2.5yrs left in my H1B and this is the first time an employer has filed the H1B.


There is no issue if employer does not withdraw i140.

Hi Anil,
what happens after switching to Employer B, if there is any RFE for I140 which was filed with Employer A? Employer A is going to respond to that RFE and if they ask any client letter and all?


It depends on the employer if they want to respond to I140 RFE or not.

Thanks Anil.
Currently I am with Employer A and H1B transfer approved for Employer B. Is there any such rule as “The regulations require that an H-1B be placed on payroll within 60 days of the USCIS approval” ? is this applies if the person is in India as well or only in USA?

Who has told you this rule?

When you ask a question, please share the full reference to save time.

sorry for not sharing the full details.
Employer B attorney told me this rule. They emailed me the below sentence.
“The regulations require that an H-1B be placed on payroll within 60 days of the USCIS approval”.
currently I am working for Employer A.
If I don’t join Employer B within the 60 days of H1 B approval, then my H1-B approval become invalid. Is this true?

H1B is not invalidated automatically. Your employer is obligated to withdraw it. They will most probably withdraw it if you don’t join them.

I am not aware of 60 day rule.

Thanks Anil for your response.