Events That Impact Your Options After an I-140 Approval

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding changes that occur after an I-140 approval that can impact your immigration options.

 

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 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

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[NP2020]

I am working on 10th year on H1B with I140 approval from earlier employer. If I140 is revoked (other than fraudulent reasons) by the earlier employer then

1. Would there be any problems to retain priority date when current employer files I140 ?

2. In case of changing employer, Would I get H1 transfer since there is no active Perm/I140. If H1 transfer possible,  Can I still get 3 year extension based on revoked I140 copy ? 

3. When current employer files for new I140 and got approved. Current company gets merged with some other company as parent company, would we need to re-initiate GC process with new parent company again ? 

 

[Satish Lepakshi]

Options of changing employer. My priority date is Mar 2011,EB2

[srinivasav]

Hi,

I changed my employer A  within 2 weeks after getting I-140 approved. I have only 9 months left with my 6 year H1 limit. My new employer B used employer A I-140 to file H1 transfer requesting for 3 year validity with all client letters, PO's showing a long term contract. How ever my H1 petition is approved only for 9 months.

Question: Do you think USCIS didn't approve for 3 years because I resigned immediately after I-140 approval  ? OR does USCIS wants to use H1 max out period first , then give extensions after max out?

[H1BEXT_RFE]

Hi Attorney,

I have few questions related to employer change after I-140 approval.

I'm a H1B holder with employer 'A' (active till 12/31/2017) with approved I-140 under EB2 category (Priority date is August 2012). Based on my approved I-140, i have applied for H4-EAD for my wife and it is approved. My client is offering a fulltime position and most likely i will be joining the client starting December 2016.  I have few questions based on my current situation:

1. What will be the status of my I-140 if i move to client? will that be expired or revoked by my current employer 'A'
2. Do my current employer or USCIS has authority to revoke my I-140 even after 180 days of approved I-140 date?
3. As i said i have applied for my wife H4 EAD based on my approved I-140 and she is currently working. Will my wife H4 EAD will also be terminated or expired if i change my employer?

4. Revoking I-140 automatically revokes H4 EAD?

5. If my current employer plans to revoke the I-140, can we use revoke I-140 to get current priority date after my client applies for I-140.

6. My new client will start green card labor processing in next 6 months, how can we handle the situation if my current employer revokes I-140?

7. Can my wife continue to work when my H1B transfer process is happening and green card application process is going on? 

Please help me in getting above questions answered..

 

 

 

[nirmal78]

I have first approved I-140 from employer from 2012 which is still valid but I no longer work there since 2013.  I now work for employer B and have another approved I-140 with them.  Both petitions have a priority date of June 2012 and still not current.  Presently on 10th year of H-1B extensions valid until Jan 2017.  Employer B has now offered a role outside of United States for duration of 2 years starting next month.  What are my options to retain the 2 approved I-140 petitions and possibilities of a future U.S green card process with a third employer C in the future?

[VenkatPlkd]

Hello , Greetings !!! Thank you for offering the suggestion on the forum.

1. My I -140 approved with Priority Date (PD) on Feb 2011 with Employer A

2. In September 2016 i have moved to Company B and my H1B transferred to Company B with valid for until 2019  

3. 2 weeks back my old Employer A revoked my I 140 

4. when my  new Employer (B) files the Perm and 1- 140 can i use the PD from Employer A which is Feb 2011 

Please suggest 

 

 

[asaravana]

Hi,

I have an approved I-140 with my previous employer and have recently moved back to India due to family constraints. Since my previous employer doesn't have office in India, I moved to a new Indian based employer.

Q1: If I stay in India for 5-6 years ( till 2021 or 2022) can I get my h1b sponsored again( if my previous or current employer is willing), no lottery and retain my PD once I come back to US?

Q2: Is there a USCIS rule that the employer has to withdraw I140 once the employee quits the company?

Q3: Is there a way I can file I-485 or continue the process of GC while in India, when my PD is current?

Your answers/insights will be helpful.

Thanks in advance!

[mkuttamk]

I am on H1B after 6 years.
I currently work at Company B and have an approved I-140 from Company A(Previous Employer).
When I transferred H1B visa from Company A to B I got 3 years H1B validity using the I-140.
My previous Employer says he is revoking/withdrawing the I-140(not fraud case).

- If i lose job in company B and need to do transfer to new company C will it get approved ?
- what are my options here in the above case ? will joining back at company A help ?
- How do i know my I-140 is revoked ? can i be sure it is not revoked if uscis case status is not upadted ?
- My wife is on H1B visa and has I-140. Is going to H4 visa EAD, joining Employer A and then back on H1B after getting my i-140 approval an option ?

[Satya114]

Hi

I currently work at Company B and have an approved I-140 from Company A.

My currently company B is planning to apply  for a new Perm/I140 now.

1) Where can we check the status my previous I-140 to know whether it is revoked/valid.

2) i might be switching to a new designation in  my current company after 6months. Will my current company need to apply for perm/I140 one more time even though i'm within same company. My new designation will have the same responsibilites (90%) , do we still need o refile perm/I140?

Thank you!

[Attorney_22]

On 10/20/2016 at 4:53 PM, NP2020 said:

I am working on 10th year on H1B with I140 approval from earlier employer. If I140 is revoked (other than fraudulent reasons) by the earlier employer then

1. Would there be any problems to retain priority date when current employer files I140 ?

2. In case of changing employer, Would I get H1 transfer since there is no active Perm/I140. If H1 transfer possible,  Can I still get 3 year extension based on revoked I140 copy ? 

3. When current employer files for new I140 and got approved. Current company gets merged with some other company as parent company, would we need to re-initiate GC process with new parent company again ? 

 

1. There should not be a problem, current USCIS practice allows you to retain that priority date. 

2. Depending how much time you have left on the current H1B, and the discretion of the officer, you should be able to get an H1B change of employer approved for the same time period already granted. An extension will generally require a valid I-140 for your circumstance. If you have a pending I-485 you may be able to utilize AC21 and an EAD. 

3. May be able to file an I-140 Amendment for successor in interest. 

It is advisable to discuss this directly with an experienced U.S. immigration attorney. 

[Attorney_22]

On 10/20/2016 at 9:24 PM, srinivasav said:

Hi,

I changed my employer A  within 2 weeks after getting I-140 approved. I have only 9 months left with my 6 year H1 limit. My new employer B used employer A I-140 to file H1 transfer requesting for 3 year validity with all client letters, PO's showing a long term contract. How ever my H1 petition is approved only for 9 months.

Question: Do you think USCIS didn't approve for 3 years because I resigned immediately after I-140 approval  ? OR does USCIS wants to use H1 max out period first , then give extensions after max out?

Without seeing the documents I cannot explain the exact reason, however changing employers soon after an I-140 approval it not a basis for shorting an H1B extension request. 

[Attorney_22]

On 10/20/2016 at 10:38 PM, H1BEXT_RFE said:

Hi Attorney,

I have few questions related to employer change after I-140 approval.

I'm a H1B holder with employer 'A' (active till 12/31/2017) with approved I-140 under EB2 category (Priority date is August 2012). Based on my approved I-140, i have applied for H4-EAD for my wife and it is approved. My client is offering a fulltime position and most likely i will be joining the client starting December 2016.  I have few questions based on my current situation:

1. What will be the status of my I-140 if i move to client? will that be expired or revoked by my current employer 'A'
2. Do my current employer or USCIS has authority to revoke my I-140 even after 180 days of approved I-140 date?
3. As i said i have applied for my wife H4 EAD based on my approved I-140 and she is currently working. Will my wife H4 EAD will also be terminated or expired if i change my employer?

4. Revoking I-140 automatically revokes H4 EAD?

5. If my current employer plans to revoke the I-140, can we use revoke I-140 to get current priority date after my client applies for I-140.

6. My new client will start green card labor processing in next 6 months, how can we handle the situation if my current employer revokes I-140?

7. Can my wife continue to work when my H1B transfer process is happening and green card application process is going on? 

Please help me in getting above questions answered..

 

 

 

1. Moving to a new employer will not invalidate an approved I-140, but it may be withdrawn by the employer. 

2. Yes, either can withdraw/revoke the I-140 but may not affect an offer of employment if AC21 applies. 

3. USCIS can rescind an H4EAD if the I-140 is withdrawn/revoked, but we have not seen a practice of that. 

4. See the answer above. 

5. USCIS practice is to allow retention of the priority date in this circumstance. 

6. Talk to a qualified U.S. immigration attorney directly. 

7. See above. 

[Attorney_22]

On 10/20/2016 at 11:01 PM, nirmal78 said:

I have first approved I-140 from employer from 2012 which is still valid but I no longer work there since 2013.  I now work for employer B and have another approved I-140 with them.  Both petitions have a priority date of June 2012 and still not current.  Presently on 10th year of H-1B extensions valid until Jan 2017.  Employer B has now offered a role outside of United States for duration of 2 years starting next month.  What are my options to retain the 2 approved I-140 petitions and possibilities of a future U.S green card process with a third employer C in the future?

Due to the various options you may have, it is advisable to schedule a call to discuss them in detail with a U.S. immigration attorney. 

[Attorney_22]

On 10/20/2016 at 11:09 PM, VenkatPlkd said:

Hello , Greetings !!! Thank you for offering the suggestion on the forum.

1. My I -140 approved with Priority Date (PD) on Feb 2011 with Employer A

2. In September 2016 i have moved to Company B and my H1B transferred to Company B with valid for until 2019  

3. 2 weeks back my old Employer A revoked my I 140 

4. when my  new Employer (B) files the Perm and 1- 140 can i use the PD from Employer A which is Feb 2011 

Please suggest 

 

 

Yes, you should be able to retain the earlier priority date. 

[Attorney_22]

On 10/21/2016 at 8:31 AM, asaravana said:

Hi,

I have an approved I-140 with my previous employer and have recently moved back to India due to family constraints. Since my previous employer doesn't have office in India, I moved to a new Indian based employer.

Q1: If I stay in India for 5-6 years ( till 2021 or 2022) can I get my h1b sponsored again( if my previous or current employer is willing), no lottery and retain my PD once I come back to US?

Q2: Is there a USCIS rule that the employer has to withdraw I140 once the employee quits the company?

Q3: Is there a way I can file I-485 or continue the process of GC while in India, when my PD is current?

Your answers/insights will be helpful.

Thanks in advance!

It would be best to schedule a consult to discuss these issues. 

[Attorney_22]

On 10/21/2016 at 3:02 PM, mkuttamk said:

I am on H1B after 6 years.
I currently work at Company B and have an approved I-140 from Company A(Previous Employer).
When I transferred H1B visa from Company A to B I got 3 years H1B validity using the I-140.
My previous Employer says he is revoking/withdrawing the I-140(not fraud case).

- If i lose job in company B and need to do transfer to new company C will it get approved ?
- what are my options here in the above case ? will joining back at company A help ?
- How do i know my I-140 is revoked ? can i be sure it is not revoked if uscis case status is not upadted ?
- My wife is on H1B visa and has I-140. Is going to H4 visa EAD, joining Employer A and then back on H1B after getting my i-140 approval an option ?

Generally, you will need a valid I-140 to get additional H1B extensions. However, you may be able to get an H1B petition for the time already granted to you. A lot will depend on your attorney and the immigration officer reviewing your case.  

[Attorney_22]

On 10/24/2016 at 11:15 AM, Satya114 said:

Hi

I currently work at Company B and have an approved I-140 from Company A.

My currently company B is planning to apply  for a new Perm/I140 now.

1) Where can we check the status my previous I-140 to know whether it is revoked/valid.

2) i might be switching to a new designation in  my current company after 6months. Will my current company need to apply for perm/I140 one more time even though i'm within same company. My new designation will have the same responsibilites (90%) , do we still need o refile perm/I140?

Thank you!

It is advisable to speak directly to your immigration attorney regarding this.