I have an I-140 approved through my current employer. If I move to a new company, will the I-140 still remain valid?


To file for one’s I-485 with another employer, a new PERM and I-140 would normally be required. But the approved I-140 still provides some benefits.

Generally speaking, once an I-140 has been approved, the priority date can be used for any other I-140 filed on behalf of the same beneficiary. The approved I-140 can also typically be used to extend one’s H1B status beyond the standard 6-year max. (Note that if the sponsoring employer withdraws the I-140 before 180 days have passed since the date it was approved, it can no longer be used for purposes of extending H1B status.) (24.Jul.2019)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.