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Can I Use the Current I-140 Approval to File an H1B with a New Employer?

Hi William,

My employer sponsored Form I-140 have been appoved. Can I use the current I-140 approval to file an H1-B
extension beyond the standard 6-year maximum with a new employer?


A change in employer or job may directly affect an alien employee’s ability to use the approved Form I-140 petition. It is an issue of significant importance to the alien workers. 

If an approved Form I-140 petition remains valid, the alien employee may use it with any employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. For this, the Form I-140 must remain valid until the H1B petition approval.

But if the petitioning employer withdraws the approved Form I-140 petition within fewer than 180 days of approval, that revoked I-140 petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law.

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