I140 porting amid covid

[generaluser10]

Hi,

My company has branches in USA and in Canada and I'am being laid off shortly.
I was in USA when my I140 was applied. It got approved after I moved to Canada. While moving from US, I became a Canada associate.

As I was a Canada employee(not a USA employee) for the entire 180 days post I140 approval,
Can I use the I140 with another employer and file a new H1 (based on HNSC) and retain the priority date?
Is it mandatory to be a US employee for 180 days after approval as I'am getting mixed response from my employer's immigration team?


Appreciate your Timely response.

[rkk09]

Hi,
Once you get I-140 Approval, the petition should not have withdrawn for 180 days. This 180 days period will protect you to recapture your priority date as well as extending H1B beyond 6 years with any Employer.
Can I use the I140 with another employer and file a new H1 (based on HNSC) and retain the priority date?
Answer: Yes. But, Please make sure, your I-140 petitioner was not withdrawn your I-140 petition within 180 days of petition approval.
Is it mandatory to be a US employee for 180 days after approval as I'am getting mixed response from my employer's immigration team?
Answer: It depends on Employer. As per my knowledge, regulations says, Employer can withdraw I-140 Approval less than 180 days if you are leaving the company during that time. Some employer will not withdraw the petition even beneficiary left the company during 180 days. After 180 days, even Petitioner withdraw the I-140, it will not impact in any way.
Thanks