h4 to h1 to h4 with pending i140

USA H1B Visa
1

Hi,

I was on h4 and moved to h1 a couple years back. Just this April, my employers filed for my i140. Now due to personal reasons , I am moving back to h4. What will happen to my i140? can my employer not withdraw it and wait for it to get approved even though my status is h4?

Thanks

2

If you are on H-4, the employment relationship has ended. The I-140 relationship also ends unless your spouse is an H1B for same company. Withdrawal of such petitions is discretionary.

3

Thanks!! so if they dont withdraw and it gets approved a couple months down the line, will it still be valid?
i dont want the i140 from them, but atleast if it is approved with them, it would be useful when i want to get back on h1 sometime.