I've an approved I-140 from Employer A. After 1 year, I transferred my H1 to Employer B. Employer B, did not file a new I-140 and now I'm transferring to C. Can I still use my employer A approved I-140 to request an extension of stay with Employer C?

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1

I’ve an approved I-140 from Employer A. After 1 year, I transferred my H1 to Employer B. Employer B, did not file a new I-140 and now I’m transferring to C. Can I still use my employer A approved I-140 to request an extension of stay with Employer C?

2

The answer is YES, you can use your approved I-140 for AC21 H1B extensions beyond 6 years.

3

Thanks for your response Kalpesh. Pls note, Employer A withdrew my 1-140 already. I understand that my priority date will be retained but can employer C still use it to file Extension of Stay?

4

Yes, if the I-140 was withdraw after 180 days of approval, you can use it with any other employer for all AC21 extensions. Your new employer will need to restart the PERM and have your I-140 approved to file your AOS, only if they want to sponsor your GC.