Changing employer within 180 days of I140 approval

[devanshagr]

Hello,

I have a question about I140.
My current employer filed for my PERM and I-140. I-140 was approved on Feb 6, 2023. Now, I have gotten an offer and my new employer is asking me to join them by June 25. If I do join them, it will be within 180 days of I140 approval.
I spoke to my current employer and they didn't explicitly mention if they will revoke the I140 or not in the event I switch to a new employer.

Have 2 questions once I join the new company -

1. If I140 gets revoked, what are my options? My H1B 6-year max out period will be March 2024.
2. If my current employer doesn't revoke I-140, would it impact any future approvals of I-797 or finally my green card application since I left my current employer within 180 days of I-140 approval? Does USCIS treat this in any negative light?

Thanks,
Devansh

 

[whitemimauz3]

@devanshagr
Under both circumstances if withdrawing and not withdrawing I-140, you should be able to to port priority date & your spouse be eligible for H-4 EAD.

If your previous employer withdraws I-140, your new employer might have to redo PERM & I-140.

If I-140 is not withdrawn by previous employer and if priority date becomes current you can be able to file I-485 based on I-140 approval.