Hi - have a question regarding i140 and h1b. My spouse has an approved I-140 from previous employer. Her current employer sponsored her H1B based on the previously approved I—140. Does her current employer need to file/get approved I-140 if they want to extend her H1B beyond currently 3 year validity?

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What do you mean 3 years , she needs her i140 with new company if she has maxed her H1b extendable duration

Yes she can keep on extending unless of course she joined her new company within 6 months of I140 approval in which case the old employer can cancel it

Check with your attorney on this - I think once I-140 is approved you can extend H1B beyond 6 years till your priority date becomes current. If you change employers after 6 years, each employer may not file your I-140 for you to be eligible for H1-B extensions. Hope this helps navigate the complicated U.S. immigration system ✊🏽.

McKinsey1 already responded to your question. Yes, she can keep extending her H1b based on prior approved i140.

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If she wants to go for GC, then yes..you would need a new PERM and I-140 from the current employer and those will be used for I-485 filing, otherwise H1B could be extended every 3 years (using old approved I-140) till the time she wants to work on the US.

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