Hi, I got my I-140 but it’s not yet been 180 days. Does anyone know if Cisco withdraws I-140 if you change companies?

Cisco
AMR1507

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AMR1507
Dec 17, 2021 13 Comments

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TOP 13 Comments
  • Splunk
    RcAI78

    Go to company page Splunk

    RcAI78
    Consult with the lawyers of the new company. You will not get a solid legal advice here on blind.
    Dec 17, 2021 3
    • New
      chasing_gc

      New

      chasing_gc
      But splunk, new employer won't know Cisco i140 withdraw policy and also risky to ask Cisco
      Dec 17, 2021
    • Splunk
      RcAI78

      Go to company page Splunk

      RcAI78
      Generally no one withdraws the application unless you leave on such bad terms that they want to spend money on lawyer to do that. Generally these things are tricky and I do think me or anyone else here is qualified to answer
      Dec 17, 2021
  • Amazon
    onedec21

    Go to company page Amazon

    onedec21
    Even if they dont, you can't predict if they start doing this with your case. So on a safer side avoid this.
    Dec 17, 2021 0
  • Yup I waited till my H1B got approved - I was going to leave if they didn’t agree so my email was very polite. Also 180 days gives you that peace of mind and in the event you do not like your new company you’ll be able to leave otherwise you’ll be stuck if your I-140 is withdrawn.
    Dec 17, 2021 1
  • Literally in the same boat now - did extensive research and consulted external attorney and new company attorney. DM if you have a specific question.

    Also the withdrawal process can take time like the attorney will have to prepare the petition and have Cisco legal sign it then file it. it’s going to take few weeks min.

    And no one can guarantee if Cisco will withdraw or not. What if they say they do not and once you leave they do it - you are screwed
    Dec 17, 2021 1
    • I explained my situation to the new company attorney he explained pros and cons of leaving early - his recommendation was to wait 180 days - and new manager agreed to wait 180 day - my h1 transfer is complete I am literally waiting for the 180 days now.
      Dec 17, 2021
  • Cisco
    AMR1507

    Go to company page Cisco

    AMR1507
    OP
    Thank you for the info, I am not sure if the new company will wait for that long since it’s still a few months away. But it seems like waiting for 180 days is the best option out
    Dec 17, 2021 1
    • I stressed over this a lot too - I badly wanted to leave and was willing to risk it and walk away before 180 days luckily new manager agreed and my joining is moved by 2 months.

      I suggest you wait till H1B transfer is filed by the new company.

      I sent an email to the attorney explaining my situation and asked for recommendation Then I forwarded that to the new manager and he agreed so you never know.

      In the event you leave early and Cisco withdraws your petition - here is what can happen

      1) your new H1B will be valid for 3 years with new company
      2) you will loose your priority date
      3) your old I-140 can no longer be used for future H1B extensions

      So you’ll be at the mercy of the new company they will initiate GC but you will be in the same boat as you were 3 years back waiting for new I-140 to get approved before your H1B expires.
      Dec 17, 2021