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H1b - i140

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  • H1b - i140

    Hi,
    I have I-140 approved (in 2014) with my current employer (employer 1). I already applied for one H1B with the approved I-140 and got a 3 year extension. If i switch to a new employer (employer 2)

    1. I can apply for H1B with the already approved I-140 with employer 2 to get three year extension right?
    2. Can employer 1 revoke my I-140 in the scenario above?
    2. Lets say i file for new H1B with employer 2 and got it approved for 3 years and if employer 2 doesn't start my green card in the 3 year term,
    a. can i keep applying for further extensions with employer 2 with already approved I-140 from employer 1?
    b. can i switch to another employer 3 with the I-140 i got approved from employer 1? OR i should switch only to employer 1 if i still want extension based on the approved I-140?

  • #2
    Originally posted by pjf View Post
    Hi,
    I have I-140 approved (in 2014) with my current employer (employer 1). I already applied for one H1B with the approved I-140 and got a 3 year extension. If i switch to a new employer (employer 2)

    1. I can apply for H1B with the already approved I-140 with employer 2 to get three year extension right?
    2. Can employer 1 revoke my I-140 in the scenario above?
    2. Lets say i file for new H1B with employer 2 and got it approved for 3 years and if employer 2 doesn't start my green card in the 3 year term,
    a. can i keep applying for further extensions with employer 2 with already approved I-140 from employer 1?
    b. can i switch to another employer 3 with the I-140 i got approved from employer 1? OR i should switch only to employer 1 if i still want extension based on the approved I-140?
    1. Yes.
    2. I dont think that they can revoke it as it was approved way back.
    3. a. Yes. But eventually you would need to get a new I140 in the future as once priority date becomes current and employer 1 does not file 485 your I140 can lapse.
    b. You can switch to any employer.

    This is my opinion not legal advice.

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