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?

Answer

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)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved