I140 H1B Extension & Transfer Questions & Answers

Hi Anil,
Thank you for a very comprehensive and a helpful article. It did clear quite a few doubts and answer most of my questions regarding using the approved I-140 from previous employer for H1B transfers and extensions with new employers.

I have couple of questions regarding one of your comments: “Your approved i140 from employer A can be used to extend or transfer H1B to employer B, C, or Z any number of times.”
Q1: During H1B transfers with multiple employers, do I have to maintain the same job description through all my employers based on approved I-140 that was filed with employer A?
Q2: Does a new PERM process needs to be started and new I-140 needs to be approved when there is a change in job description with a different employer?

Thank you,
Viral

The i140 can be ported only if the new job is in same or similar field of work.

The job description need not be exactly same but it should be similar.

Example:

You cannot port i140 if it was filed for software engineering position but now you are working as a manager.

Hello,

My employer has provided i140 approval form without receipt number and alien number, is there a way I can use the form to apply for visa extension? or is the receipt number mandatory

I140 approval copy can be used for applying extension.

Hello Anil, they have redacted the receipt number from the approval notice so my employer does not want to go ahead with the process

Hi Anil -

Thanks for the comprehensive explanation. I would appreciate your inputs on my following scenario.

I work for employer A. Due to my H1B max-out, I had to leave from US, but continued to work for the same employer from India. While in India, my i-140 as well as H1B extension (post 6th year) got approved with the same employer A. Now, due to unavailability of stamping dates for regular H1B due to covid and US Presidential order for extension of worker visa ban, I’m not able to travel. My Spouse who is in US also have approved i140 and H1B.
Will it be possible for me to apply for a dependent H4 visa, travel to US and then switch to H1B again by filing a new extension (with new employer B) based on my approved i-140 from employer A? I know you have already mentioned that we can port the priority date from employer A to employer B, but I’m more concerned about the “GAP” in between 2 employments due to H4 dependent visa. Also, I assume quiting employer A will not have any impact on my approved i-140 (already more than 180 days). Please confirm.

Any pointers will be highly appreciated. Thank you.

You can visit US using H4 visa and then convert to H1B.

One correction:

If one have I-140 approved, but if PD is current, H1B extension would be maximum 1 year (not, 3 years).

This is definitely a drawback if I-485 takes a while to process.

Hi Anil,
Can we file i140 in premium processing without receipt (i140 has been filed but did not receive receipt yet) ? … Want to expedite through premium processing.

I think you will need the receipt to upgrade to Premium.

Thank you Anil. There is backlog and they are taking long time for sending receipt notice. My petition has been filled last week of Nov. Do you have an idea if someone has received receipt notice for Nov month filling.

I have an approved H1b till Oct 2023 and I have i140 approved. I came initially on this H1 in 2014 so I have got extensions beyond six years based on approved i140. My dilemma is if I return to India at this juncture, will I have an opportunity to come back to US in future (after Oct 2023) on the basis of existing H1b by getting it extended using my approved i140 ? Or should I file a fresh cap subject h1b ? Some clarity will be helpful.

Little confused by this statement - “You can use the withdrawn i140 as many times as you want to extend or transfer you h1b”. Then why are people worried that Employer A will withdraw i140 if employee leaves company within 6 months.