Question: I have an approved I-140 in EB2 category (filed by employer B) which was ported from EB3 category (filed by employer A) with priority date June 2011.Now I am planning to move to employer C. Could you please let me know if there will be any issue in case I transfer H1B and port the priority date to employer C? Can employer B withdraw the existing I-140?
Answer: An employer can withdraw your application at the time you leave the employer. If the I-140 with the employer was open for 180 days, you can use the priority date on I-140 and use it to extend your H-1B past the six year mark also. However, you can not use it to file H-4 EAD if it is withdrawn.
Chinese (Simplified)
Hebrew
Hindi
Spanish
Urdu