I have an approved I-140 from my previous employer. My current employer has not yet started my PERM process. Can I use my previous I-140 to extend my H1B status beyond 6 years? Does it matter if the prior employer is no longer conducting business?


Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioner’s withdrawal of the petition or termination of the business.  (23.Mar.2023)

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