H1 trasnfer based on I140 approval

I’m in 6th year of my H1 which will complete in May 2013. I’ve my labor approved and I140 is slated to be applied in Premium processing in a week or two by my current employer. I’ve not yet filed extension of my H1 yet and waiting for I140 to be approved. After my I140 is approved, my current employer is going to file my H1 extention for 3 years

I need your help for my below questions.

  1. I have plans to switch my job as soon as I get my H1 extension, if I get an extension of 1only year and not 3 years on my I140, can employer B file my extension for 3 years based on I140 approval from Employer A during transfer

  2. Assuming if I again get only 1 year extension when employer B transfers my H1, can employer B again apply for extension after 1 year based on my I140 even though I140 was applied by Employer A.

  3. Is there any 180 days criteria for I-140 portability. Also what documents do you need to port I-140 to new employer?

  4. Is it beneficial to wait for I485 to be applied by employer A and wait for 180 days.

  5. Can I switch to employer B based on I140 approval w/o extension being applied by employer A. Can employee B apply for 3 yr extension based on I140 approval.



  1. Yes

  2. Yes

  3. I don’t know if there is a 180 day criteria. B will have to file PERM and I-140 again and port the I-140 date. They must be having an attorney for GC filing who can guide you on this. You will need copy of A’s approved I-140 for the portability to go through

  4. They can file I-485 only if the dates are current. If you are from India, then EB-2 dates are from 2004.

  5. This is also possible. Go this route only if you are sure that B’s approval will go through. You can talk to B’s attorney for more information.