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  • H1B transfer with I140 approved from previous employer

    Hi,

    I have an approved I140 with my previous employer(Company A), stayed for more than 180 days after approval.
    My current employer(Company B) hasn’t started Green card processing to port my I140, also my current employer is not doing well financially due to pandemic.
    I got a job offer with a new employer(Company C) and they are ready to transfer H1.
    I have already crossed 6+ years in USA.

    My question:
    1. Can my new employer(Company C) still use I140 from previous employer(Company A) though current employer(Company B) hasn’t ported it ?
    2. Since I stayed in company A more than 180 days after I140 approval, I am hoping my I140 with company A is still valid or should I be concerned about I140 validity?
    3. In the new employer(Company C), my role and tech stack also changes compared to I140 role and technologies, will this be a problem?

    Thanks in advance.

    Regards,
    Seshasai.

  • #2
    Hi,
    Please see my response below..

    Can my new employer(Company C) still use I140 from previous employer(Company A) though current employer(Company B) hasn’t ported it ?
    Answer: Yes.. It can be used for extending your H1B beyond six years.
    Since I stayed in company A more than 180 days after I140 approval, I am hoping my I140 with company A is still valid or should I be concerned about I140 validity?
    Answer: Yes.. It will be still valid..
    In the new employer(Company C), my role and tech stack also changes compared to I140 role and technologies, will this be a problem?
    Answer: Regarding this, you can check with your Immigration Attorney.. But, When you have a plan to initiate PERM process with your current Employer( Company C), It will be considerable.
    Thanks.

    Comment


    • #3
      Originally posted by rkk09 View Post
      Hi,
      Please see my response below..

      Can my new employer(Company C) still use I140 from previous employer(Company A) though current employer(Company B) hasn’t ported it ?
      Answer: Yes.. It can be used for extending your H1B beyond six years.
      Since I stayed in company A more than 180 days after I140 approval, I am hoping my I140 with company A is still valid or should I be concerned about I140 validity?
      Answer: Yes.. It will be still valid..
      In the new employer(Company C), my role and tech stack also changes compared to I140 role and technologies, will this be a problem?
      Answer: Regarding this, you can check with your Immigration Attorney.. But, When you have a plan to initiate PERM process with your current Employer( Company C), It will be considerable.
      Thanks.
      Thanks for your response.

      Comment

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