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H1B Transfer using I-140

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  • H1B Transfer using I-140

    I am on H1-B visa in United Stated and have completed 5 yrs 2 months on H1-B while staying in USA. I have my approved I-140 which was approved by Feb 2019 end ( would be completing 180 days by August end). I don't have the approval copy of I-140 but have the A-number. I work for a consulting firm and recently got my extension approved till April 2022. I have the below mentioned questions:
    1) Would it be possible to travel back to home country and file H1B transfer/H1B non-cap from a different employer using I-140. Is there a certain time limit by when this should be done or can be done any time until my priority dates becomes current.

    2) Once the 180 days are completed on the approved I-140. Can it be used anytime for H1B transfer/H1B non cap filing by a different employer. My employer will be revoking my I-140 on changing the employer.

    Appreciate your response and please provide additional pointers to be considered in this case.

  • #2
    1. Anytime.
    2. Yes.
    Just an opinion; Not legal advice.


    • #3
      Hi there - I see this as relevant thread to get some suggestions in my case. I have I-140 approved as of Jan 12 , 2008 (Notice Date) and PD as Dec 22 ,2006. I have come back to India in March 2010 due to family reasons. Since then I am in India working with one MNC. I saw one email that On June 24, 2013, USCIS received petitioner request to withdraw your Form I140, IMMIGRANT PETITION FOR ALIEN WORKER. and Decision has been sent December 8, 2014. I just wanted to check if I want to go back to USA can I use this I140 to get non cap H1B stamp in my passport for same employer OR I can transfer my I 140 to new employer OR there is no scope left for me as this I 140 is withdrawn ? I see some posts as there is criteria of beyond 6 months post I 140 approval any withdrawal doesn't make any impact and its still valid for an beneficiary to avail the benefit for non cap Visa stamping thur US Consulate in India. My last H1B visa has got expired on 31 Dec 2010. Please advise and let me know if you need any further details on my case.