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Offices in Dallas (Main Office) & Houston, Texas

Transfer to new employer, filing I-140 again

Question: I am in to 7th year of my H-1B. I have I-140 approved (approved in June 2014) from employer A and have my H-1B valid till 9/1/2018 with employer A. I am thinking to move to employer B. Can he use my approved I-140 to file for my H-1B transfer ? Does employer B have to start my green card process right away ?

Answer: Yes, you can move to another employer using the approved I-140 as it has been approved for over 180 days. But for you to file an adjustment of status later on, your employer will have to apply PERM and I-140. The priority dates are not current and you can take time to start with the process with them. If the previous employer withdraws I-140, your spouse can not use it for H-4 EAD purposes.