FAQ: Post sixth year H1B transfers/extensions after I-140 withdrawal

Question: I qualify for H1B extensions beyond six year because I have an approved I-140 through my employer. If I leave and work for another employer on H1B, am I still exempt?

Answer: Yes. As long as the I-140 sponsor does not withdraw the I-140 petition, you remain eligible for H1B status beyond six year.

Question: What happens if they withdraw it?

Answer: You will not be able to get further extensions after the I-140 is withdrawn.

Question: How about if I don't want an extension, I just want to change employers and keep the same expiration date that I have now?

Answer: That won't work. If a new employer files an H1B petition for you, they must show that you are eligible for H1B status beyond six years. If your I-140 has been withdrawn, that is no longer the case.

Question: If I get an extension for my I-140 sponsor, or even switch to another employer and get an approval before the I-140 is withdrawn, will the USCIS take away my status?

Answer: No. The USCIS has said that if your I-140 is withdrawn/revoked after they have approved a change of employer, they will not revoke the time granted. They will not extend it further without a new I-140 approval, but they will not revoke what they have given you.

Question: But what if my old employer revokes my I-140 before my new H petition is approved?

Answer: In that case, you are out of luck. The USCIS will not authorize status for you beyond six years unless you have an approved I-140 when they make the decision on your new H petition.

Question: What is the best practice if I want to change employers after I've been in H status for more than six years?

Answer: First, make sure that your new employer files their H1B petition through premium processing and gets it approved before you leave your I-140 sponsoring employer. That will allow you, at a minimum, to remain with the new employer through the time authorized in the new petition approval. The new employer should then file a PERM for you as quickly as possible. You need to secure your ability to remain in the U.S. by getting a new I-140 approval.