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