H1B Visa - Job Change

USA H1B Visa
1

Hi

I am on H1B (valid till early 2027, in its second 3 yr term) visa with approved i-140. During any future job change when my H1B goes for amendment, I understand that given valid i-140, I will be able to extend my H1B. However, if my present Company cancels the i140 (approved for more than 7 years), will that affect my H1B. My new employer will most likely file a new i140 application - but till it gets approved, how will H1B get affected?

My spouse is outside USA, but she has an approved H4 with EAD. If my H1B gets amended, will that affect her status? Does she need to amend her H4 status also or can she enter the country with her current approval?

Thanks

2

Any inputs please ? Thanks

3

Response from ChatGPT, See if this helps you.

1. Impact of I-140 Withdrawal on H1B Extensions

  • Approved I-140 for Over 180 Days:
    If your I-140 has been approved for more than 180 days, your current employer can withdraw it, but you retain the benefit of using that I-140 for H1B extensions beyond the 6-year limit (per AC21 rules).
    • You can continue to extend your H1B in 3-year increments with a new employer even if your previous employer withdraws the I-140, as long as it wasn’t revoked for fraud or misrepresentation.
    • You cannot use the withdrawn I-140 for green card processing (i.e., filing I-485), but it is valid for H1B extension purposes.
  • During H1B Amendment/Transfer:
    • When you change jobs, your new employer will file an H1B transfer (not technically an “amendment” unless your job role/location changes).
    • You do not need a new I-140 immediately for H1B transfer or extension. The withdrawn I-140 (if approved for 180+ days) still allows you to extend H1B status.
    • Your new employer should start the green card process (PERM + new I-140) so you can eventually file I-485.

2. H4 and H4 EAD Implications

  • H4 Status:
    • Your spouse’s H4 status is tied to your valid H1B status, not to your employer or I-140 directly.
    • If your H1B is transferred/amended and approved, your spouse’s H4 status remains valid as long as her I-94 is unexpired.
    • She does not need to amend her H4 or get a new H4 visa stamp just because you changed employers or amended your H1B, as long as her visa and I-94 are valid.
  • H4 EAD:
    • The H4 EAD is valid as long as your spouse has valid H4 status and you have an approved I-140 (even if withdrawn after 180 days).
    • If your spouse is outside the US, she can enter using her current H4 visa stamp and approval notice. Upon entry, she will receive a new I-94, which governs her stay.
    • If her H4 EAD is still valid, she can work after entering the US.