I have completed 6 yrs on H1B and got i-140 ( Sept-2013)  Approved from Employer A

I changed job with new employer B on April 2014.

Now employer B is saying he can file another H1B on previous employer A's i-140?  since perm processing is taking time for employer B.

Please advice if I can do this?
asked Apr 18, 2017 in GC: I-140 by atul13 (150 points) | 817 views

1 Answer

0 votes
Yes, any Employer can file an H1B Extension using an I-140 from another Employer.
answered Apr 19, 2017 by dan (23,616 points)
Many thanks for answering my question. Little me elaborate more...in order to confirm my understanding.

So in total I am almost using my 9th year (6Yrs with H1B, 3 yrs on i-140 from employer A

though working for employer B now).  

From last 2 years I am with employer B( joined on old emplpyer's i140) . Now employer B said, either he will file PERM for me or if no PERM then he can request for another H1B extension for another 3 Years from old employer's i-140.

Till now old employer has not deactivated i-140, but not sure if he deactivates my i-140, which got approved 2.5 years before. Am I gonna to face any problem?

Please advice!
Under new regulations old employer can only withdraw the I140 and may not revoke I40, it is a good idea to port the I140 to a new employer by initiating a PERM.
Yes I agree, my new employer are in process of filing PERM, he obtained PWA and everything, but certainly now employer says all PERM application filing is on hold due to changes in PERM rules. Not sure when they will file... In case if perm doesnot get filed due any unwanted reason. I would like to make sure whether my current employer can extend my H1B for another 3 years with old employer's i-140 ( it is active now but in case if he withdraws then also I should be good get H1B for 3 years, because my i-140 is approved from more than 2 years till now. ).

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