If I changed employers, can I renew based on the previous employer”s I-140?

Let”s start by explaining a bit of the context. The H-1B visa is a tool that allows foreign professionals to work in the United States, and its renewal or extension can involve issues related to immigration petitions, such as the I-140. The I-140 is an immigrant petition usually associated with obtaining the green card and, when approved, can allow certain H-1B visa extensions beyond the six-year limit as provided in specific rules.

In the case you have changed employers, the possibility of renewing the H-1B based on an approved I-140 from the previous employer depends on some important factors. If the I-140 petition from the previous employer is still active and has not been revoked, it can, in many cases, be used to secure the continuation of H-1B status through extensions beyond the standard limit.

This continuity is supported by the so-called ”portability” of the I-140, which basically allows the beneficiary to retain the ”priority date” even after changing jobs. However, it is essential to highlight that every situation has its particularities.

For the previous I-140 to be valid for purposes of H-1B extension after the employer change, some points must be observed:
1. The I-140 petition needs to be approved and not explicitly withdrawn by the former employer. If the employer has revoked the petition, even though this can sometimes be contested or argued under certain circumstances, the situation becomes more complex.
2. The new employer needs to be aware of the implications of the change. Although the I-140 approval can, in some cases, be used to maintain the continuity of the priority date, the new sponsorship for the H-1B must comply with the work requirements and job offer that were initially established.
3. United States immigration rules are quite strict, and any lack of knowledge or attempt to circumvent the regulations may lead to future problems.

Therefore, it is very important that the interested party follows the current legislation and, if possible, seeks information from reliable sources or through specialized professionals.

Remember that, when facing job changes and renewal processes based on approved petitions like the I-140, it is prudent to always seek assistance from immigration specialists. This way, you minimize risks and avoid falling into traps, scams, or even marketing campaigns that promise miraculous results without legal backing.

I hope this clarifies the issue. Careful monitoring and consulting specialized sources or professionals are essential measures to ensure your rights and opportunities are preserved under current United States legislation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.