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H1B extension for new employer, with approved I-140

Vista, CA |

I am on my 7th year of H1. I have approved I140, but employer will not give approval copy of receipt copy of 140. I just have the receipt number for 140.
Is the receipt number sufficient for the new employer for filing extension?
Once my new H1 gets approved, and I submit my resignation, what if current employer revokes 140? My 485 is still not filed. What will be the consequences for that?

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Attorney answers 3

Best Answer

No, am afraid case receipt number alone is not enough. The actual I-140 approval notice on Form I-797 must be attached to the the new H-1B petition. You will then get an approval for 3 more years (if your new H-1b will be deemed approvable on its merits.

If current employer will end up revoking the I-140 you'll have nothing to worry about, as long as your new EMPLOYER'S H-1B petition goes through and is quickly approved, which will give you 3 more H-1B years. The fact that the I-140 will later be revoked wont change that. You will then have the new employer file a new PERM on your behalf and can claim the first PERM's priority date .

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



But my current employer is not willing to give me the approval notice nor the 140 receipt notice. They say it is the company's property and they are not bound to give me the document. What are my options in this regards? And thanks all of you for responding to my question. It really matters a lot to me. Thank you!


I agree with my colleague

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


You need the I-140 approval notice. The new employer must start green card process all over if prior employer withdraws I-140 but you will be able to recapture your former priority date.