Is new I140 required after promotion in same company?

USA H1B
1

Hi Anil,

My I140 was approved last year and I was able to get one year H1B extension. My H1B renewal coming up during May 2020. I recently got promoted in my organization.

Would like to know whether I need to restart PERM and I140 process.

Let’s assume restart is required, more importantly I would like to understand whether I can still use my already approved I140 and apply for H1B extension without any issues?

Please provide your feedback.
Thanks.

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2

Hi @krishbs

A new PERM and i140 would be required for a new ‘job position’ that you are working in after your promotion if you want to use this same position to file i485 green card later.

You can use the existing i140 to port your PD date.

If you are from India, you can skip filing the new PERM and i140 at this time and do it as and when your PD date is close to getting current.

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3

Hi Anil,
Thanks for the clarification on I140. Yes I am from India so I will do it when my PD date is close to getting current (this will make sure I can accommodate the change for any future promotion as well).

So I hope I am good to carry out my H1B extension during May 2020 based on existing approved I140 that I already have?

Can you please confirm.
Thanks.

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4

As I already answered, you can keep using your existing i140 to file H1B extensions.

5

Hi Anil,
Thanks for your answer.
Can I use my existing 140 to transfer H1B to multiple employers at the same time…?
If the transfer to one of the employers say 'X" gets rejected, will it affect the H1B approval for another employer namely ‘Y’ given the fact I started the transfer with employer 'X" first.
Kindly provide your thoughts.

6

I140 extensions and transfer scenarios have been explained here.

7

Hi All,

I’m currently in 6th year of my H-1B and will soon be filing H-1B amendment due to role change (from Dev to Tech Lead). My PERM application is in process and filed for Dev role already. I would like to know:

  1. If my H-1B amendment gets approved for TL and PERM for Dev, can I still file I-140 as Dev and further extension based on that I-140 ?

  2. Will my H-1B role of Tech Lead gets void after I-140 approval or if I can get further extensions for Tech Lead?

8

Hi @DevBoy

Please see my earlier answer:

9

Thanks Anil for your response. I’m sorry for multiple questions but really need help to understand this.
I need to know if I-140 can be filed as ‘Developer’ if my H-1B role is ‘Tech Lead’ ?

10

Hi @DevBoy

i140 is for future job position with green card and is NOT related to your current H1B job. Both can be different.

Normally, both are same as most H1Bs file their i140 and claim that they will keep doing the same job in future too.