H4-H1B Conversion based on I-140

sen1

New Member
I have around 3 months of time left for my 6 years of h1b max out and recently my i-140 got approved with employer A ,working with him on H4-EAD and he didn't hold my H1B in the past and its been more than 6 months since my I-140 was approved.

Q1:Can I transfer from H4 to H1 to new employer B based on the I-140 from employer A ?
Q2:Whether my employer A can revoke my approved I-140 after 6 Months since I was in H4-EAD ?
Q3:Since my I-140 was approved, when I as in H4-EAD and he didn't hold my H1B in the past, will this affect my H1B transfer to employer B or any employer in future?
 

wagecuck3

Member
1. Employer B can file to change your status from H-4 to H-1B. It is not a "transfer" because you are not on H-1B status right now.
2. An I-140 that has been approved for over 6 months can be withdrawn, but it cannot be revoked unless USCIS finds fraud, misrepresentation, or material error. The withdrawal will not affect your H-1B eligibility.
3. There won't be any issue. An I-140 is not tied to a particular status.
 

sen1

New Member
1. Employer B can file to change your status from H-4 to H-1B. It is not a "transfer" because you are not on H-1B status right now.
2. An I-140 that has been approved for over 6 months can be withdrawn, but it cannot be revoked unless USCIS finds fraud, misrepresentation, or material error. The withdrawal will not affect your H-1B eligibility.
3. There won't be any issue. An I-140 is not tied to a particular status.

I am thinking of changing the employer B now in H4-EAD which is valid for 1 year and then convert to H4-H1 after a year .
But , If the employer revokes I-140 now will I be able to use that I-140 later for the H4-H1 conversion?
 

wagecuck3

Member
But , If the employer revokes I-140 now will I be able to use that I-140 later for the H4-H1 conversion?
If the I-140 is withdrawn more than 180 days after approval, it can still be used for H-1B extensions with another employer.
 
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