Employer change I140

[sivte68]

Hi Team,

I have an approved I140 from my previous employer A ( Approved 3 years back) and I completed 6 years of my H1B and my current employer B has filed the perm in Jan 2023 and still is not approved .
Meanwhile I am in the process of getting a new job in company C , Whether the company C can start H1B transfer based on my employer A I140 ? The new job visa transfer process might take another 45 days , meanwhile if my current employer B perm approved what will happen ? Some how I can delay I140 porting Initiation here . I heard 180 days is the maximum day within that any employer can revoke the I140 petition , worst case in my current job my I140 is approved do I need to wait for another 180day before I change the Job?

[Eva55]

Hi Team,

I have an approved I140 from my previous employer A ( Approved 3 years back) and I completed 6 years of my H1B and my current employer B has filed the perm in Jan 2023 and still is not approved .
Meanwhile I am in the process of getting a new job in company C , Whether the company C can start H1B transfer based on my employer A I140 ? The new job visa transfer process might take another 45 days , meanwhile if my current employer B perm approved what will happen ? Some how I can delay I140 porting Initiation here . I heard 180 days is the maximum day within that any employer can revoke the I140 petition , worst case in my current job my I140 is approved do I need to wait for another 180day before I change the Job?

Hi Team,

I have an approved I-140 from my previous employer (Employer A), which was approved 3 years ago. I have completed 6 years of my H1B. My current employer (Employer B) filed the PERM in January 2023, but it has not yet been approved. Meanwhile, I am in the process of getting a new job with Company C. I am wondering if Company C can start the H1B transfer based on my I-140 from Employer A.

The visa transfer process for the new job might take another 45 days. If my current employer's (Employer B) PERM gets approved in the meantime, what will happen? I am trying to delay the initiation of the I-140 porting here. I heard that 180 days is the maximum period during which any employer can revoke an I-140 petition. In the worst-case scenario, if my I-140 with Employer B gets approved, will I need to wait for another 180 days before I can change jobs?

Explanation
H1B Transfer Based on Previous I-140:

Yes, Company C can initiate an H1B transfer using the approved I-140 from Employer A. The approved I-140 allows you to extend your H1B status beyond the 6-year limit.
If PERM is Approved While H1B Transfer is in Process:

If Employer B's PERM is approved while the H1B transfer to Company C is in process, it doesn't directly affect your transfer. The new employer (Company C) can continue with the H1B transfer based on the previously approved I-140.
Delaying I-140 Porting:

If you want to delay the porting of I-140 to the new employer, communicate this clearly with your current employer (Employer B) and the new employer (Company C). The porting is not mandatory immediately upon PERM approval.
Revocation of I-140:

The rule about the 180 days is critical. If your I-140 has been approved for at least 180 days, it cannot be revoked by the employer, except for fraud or misrepresentation. This means if your current employer’s I-140 gets approved, you may want to wait for 180 days to ensure it cannot be revoked.
If the I-140 from Employer B is approved and you move to Company C before the 180 days are up, Employer B could potentially revoke the I-140. This may affect your H1B extensions and green card process.
Strategy
H1B Transfer: Proceed with the H1B transfer to Company C based on Employer A’s approved I-140.
Monitor PERM Status: Keep an eye on the PERM process with Employer B.
180-Day Rule: If Employer B’s I-140 gets approved, consider the timing carefully. Waiting for 180 days can secure your status, but if you move before that, ensure you understand the risks and have a backup plan with Company C.
Consultation
For a situation with this level of complexity, I recommend consulting with an immigration attorney who can provide advice tailored to your specific circumstances and ensure all legal aspects are covered during your job transition.