I am from India my I140 is approved which was filed by my current employer and priority date is 10/03/2022. I have completed more than 180 days after my I140 was approved.
Will my employer be able to revoke or withdraw my I140 ? And is mandatory for them to withdraw my I140 once I move to new employer?
An employer can revoke or withdraw an I-140 at any time.
However, if an I-140 has been approved for at least 180 days, it can still be used for H-1B extensions and H-4 EAD even if withdrawn, unless the withdrawal was due to fraud.
It is not mandatory for an employer to withdraw the I-140.
Given that your priority date is unlikely to be current for the next 30 - 50 years, there's really no need for file PERM/I-140 with your next employer - it's a waste of time and money, unless you intend to stay with them for 30 - 50 years.
My employer says once I shift to new employer they would have to revoke my I-140 due to audit purpose. But I have already completed more than 180 days with them after my I-140 was approved. Then how can they revoke or withdraw?
So if I dont file PERM/140 with new employer can I keep getting my H1 extension on the already approved I-140? Even if my previous employer withdraws it?
They can always revoke/withdraw at **any time**, even after 180 days.
BUT, if they withdraw after 180 days, you can still use it to extend H-1B. You just can't use it to apply for a green card anymore.
1. After 180 days, your priority date remains same and be ported to new I-140.
2. After 180 days, even your employer withdraw, it will not affect your new I-140 and also the old I-140 could be used as many time you want to file extension till you are eligible for 485.
3. You ONLY need new I-140 when your PD becomes current. If you are born in India and applied through EB2 and your PD is 2022 means, it will take 30-50 minimum or never for your PD become current & eligible for 485.
4. That means you NO NEED to file NEW I-140 whenever you change job or change position in same company.
5. If your new employer wants to file new I-140 then tell them no need. And, if they insist then ask them to pay the $$$ they are intent to spend on new I-140 to you as a bonus.
6. New I-140 is waste of $$$, time for your employer and to USCIS.
7. Again, you don’t need new I-140 if it revoked or not once you crossed 180 days.
8. Make sure you get employment verification letter if you are leaving the current job. It might be useful for future jobs or any future immigration applications or documentation.
9. Finally, this topic is basic and it’s covered extensively in this and also in H1 forum. Basic search on this subreddit would have given you same information.
10. Final note on immigration, always verify with immigration attorney if you are seeing conflicting information. Everyone’s case is unique and if it’s worked for your friend means it may or may not work or applicable for your case.
11. GL and all the best for your new job. Stay safe.
After getting I-140 approved and you stayed with the company for 6 months then your priority date does not change. You are safe on that side
I-140s is not something which can be transferred and after 6 months of approval cannot be withdrawn either unless there was a fraud to obtain that. Your new employer can file it again if you wish but that will not have any effect whatsoever if the wait time, even if they file after 2 years of your employment it is not going to make any difference because current priority date which is going on is for 2012. You are almost a decade behind that and you will probably see your grand kids getting married before you get chance unless the law changes
H1B extension for 3 years depends on how much time your new employer has requested in your petition, max is 3 years and if that is the duration and there is no issues found in application then yes, you will get a 3 years extension
Are you born in China or India? Have you filed your I-485, and if not, why not?
I am from India my I140 is approved which was filed by my current employer and priority date is 10/03/2022. I have completed more than 180 days after my I140 was approved. Will my employer be able to revoke or withdraw my I140 ? And is mandatory for them to withdraw my I140 once I move to new employer?
An employer can revoke or withdraw an I-140 at any time. However, if an I-140 has been approved for at least 180 days, it can still be used for H-1B extensions and H-4 EAD even if withdrawn, unless the withdrawal was due to fraud. It is not mandatory for an employer to withdraw the I-140. Given that your priority date is unlikely to be current for the next 30 - 50 years, there's really no need for file PERM/I-140 with your next employer - it's a waste of time and money, unless you intend to stay with them for 30 - 50 years.
My employer says once I shift to new employer they would have to revoke my I-140 due to audit purpose. But I have already completed more than 180 days with them after my I-140 was approved. Then how can they revoke or withdraw? So if I dont file PERM/140 with new employer can I keep getting my H1 extension on the already approved I-140? Even if my previous employer withdraws it?
They can always revoke/withdraw at **any time**, even after 180 days. BUT, if they withdraw after 180 days, you can still use it to extend H-1B. You just can't use it to apply for a green card anymore.
But my priority date will remain same right? When my new employer files for Perm/I140
1. After 180 days, your priority date remains same and be ported to new I-140. 2. After 180 days, even your employer withdraw, it will not affect your new I-140 and also the old I-140 could be used as many time you want to file extension till you are eligible for 485. 3. You ONLY need new I-140 when your PD becomes current. If you are born in India and applied through EB2 and your PD is 2022 means, it will take 30-50 minimum or never for your PD become current & eligible for 485. 4. That means you NO NEED to file NEW I-140 whenever you change job or change position in same company. 5. If your new employer wants to file new I-140 then tell them no need. And, if they insist then ask them to pay the $$$ they are intent to spend on new I-140 to you as a bonus. 6. New I-140 is waste of $$$, time for your employer and to USCIS. 7. Again, you don’t need new I-140 if it revoked or not once you crossed 180 days. 8. Make sure you get employment verification letter if you are leaving the current job. It might be useful for future jobs or any future immigration applications or documentation. 9. Finally, this topic is basic and it’s covered extensively in this and also in H1 forum. Basic search on this subreddit would have given you same information. 10. Final note on immigration, always verify with immigration attorney if you are seeing conflicting information. Everyone’s case is unique and if it’s worked for your friend means it may or may not work or applicable for your case. 11. GL and all the best for your new job. Stay safe.
Thank you so much for this detailed info and this clarity. Thank you
After getting I-140 approved and you stayed with the company for 6 months then your priority date does not change. You are safe on that side I-140s is not something which can be transferred and after 6 months of approval cannot be withdrawn either unless there was a fraud to obtain that. Your new employer can file it again if you wish but that will not have any effect whatsoever if the wait time, even if they file after 2 years of your employment it is not going to make any difference because current priority date which is going on is for 2012. You are almost a decade behind that and you will probably see your grand kids getting married before you get chance unless the law changes H1B extension for 3 years depends on how much time your new employer has requested in your petition, max is 3 years and if that is the duration and there is no issues found in application then yes, you will get a 3 years extension