h4 to h1 to h4 with pending i140


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?


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.

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.