New I-140 Rules- Continued.

[Attorney_22]

Because this is an important topic to so many, Murthy Law Firm attorneys will continue to answer questions regarding the new I-140 rules this week.

 

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

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

4. Please do not provide information which would identify any specific company, university or individual.

[Attorney_22]

Please see the following link for more information: https://www.murthy.com/2016/11/23/overview-of-final-regulation-for-high-skilled-workers/

 

[mluckman]

I have my i140 approved which is more than 180 days and i got EAD for my wife based on approved i140 .  If i switch to new employer what will happen to my wife EAD as per the new rule ? Will the EAD be still valid ? 

[chinnikrishnav]

Hi there,

Based on new I-140 rules, can individuals accept any promotions with a different job description after their I 140 is approved for more than 180 days with the current employer. If so how would this be handled at the time of filing I 485 when the dates are current. Thanks!

[Attorney_22]

On 11/24/2016 at 4:07 PM, mluckman said:

I have my i140 approved which is more than 180 days and i got EAD for my wife based on approved i140 .  If i switch to new employer what will happen to my wife EAD as per the new rule ? Will the EAD be still valid ? 

Provided the I-140 is not withdrawn within the first 180 days after approval, it is valid for H4EAD purposes. 

[Attorney_22]

On 11/28/2016 at 0:40 AM, chinnikrishnav said:

Hi there,

Based on new I-140 rules, can individuals accept any promotions with a different job description after their I 140 is approved for more than 180 days with the current employer. If so how would this be handled at the time of filing I 485 when the dates are current. Thanks!

Unlike AC21 when an I-485 has been pending for 180 days, the new I-140 rule does not change the current limitations of accepting promoted positions. 

[Kumar660m]

Hi,

I need urgent help here.

My I-140 approved through my current employer(A) on April 2016, so it has been pending for 180 days now,  i am planning to join new company (B) in December 19th, as you know the new I-140 rule is going to start from Jan 17th 2017, as soon as i join in company B for sure my employer will try to revoke my I-140. if my current employer revoke my I-140 in between means - Dec 19th 2016 to jan 27th 2017 ,

Question 1 - will the new rule going to applicable to me even if he revoke it? means still my I-140 will be in active state ?

Kindly please advise.

Thank you in advance.

Regards,

Kumar

[Attorney_22]

16 hours ago, Kumar660m said:

Hi,

I need urgent help here.

My I-140 approved through my current employer(A) on April 2016, so it has been pending for 180 days now,  i am planning to join new company (B) in December 19th, as you know the new I-140 rule is going to start from Jan 17th 2017, as soon as i join in company B for sure my employer will try to revoke my I-140. if my current employer revoke my I-140 in between means - Dec 19th 2016 to jan 27th 2017 ,

Question 1 - will the new rule going to applicable to me even if he revoke it? means still my I-140 will be in active state ?

Kindly please advise.

Thank you in advance.

Regards,

Kumar

Unfortunately, the rule does not discuss this particular circumstance and therefore we are not sure at this time how USCIS will proceed. 

[JimH]

Hi,

I have I-140 approved with my current employer(A) and I am planning to switch to employer B once it is more than 180 days and after the new rule is effective. 

1) Do I need to file PERM, I-140 compulsorily with employer B or can I stay with employer B for 2 years and switch to employer C and start PERM, I-140 with employer C?

2) What happens if the employer, I am staying with at the time when my PD become current hasn't filed I-140 yet? Can I go back to my old employer(If the company still exists and willing to take me), who filed my initial I-140 and file for I-485?

Thanks

[Kumar660m]

Thank you for your response.

[thirupatik]

I have situation my i140 approved in Jun-2016 and now I have changed my employer in Oct-2016.I am not with the old employer for 180 days after i140 approval.

1.Is this mandatory to stay for 180 days staying with the petitioner of i140 I mean old employer

2. Can I use my approved i140 for H1B extension after completing 6 years of H1B.

3. And also new rule is applicable for me to portability of i140 to new employer.

Response would greatly helpful, I am in big worry right now.

[helpme140]

Hello -

The new rule being discussed has a clause whereby I-485 pending AOS applicants for EAD renewal shall get an automatic extension on the EAD provided they file in the same category as the previous EAD, they apply for renewal in a timely manner and the renewal is pending for more than 90 days.

Is there anyway this rule might be enacted retroactively for an applicant who applies for renewal before Jan 2017 and then the renewal is pending for more than 90 days some time in Feb 2017? I have a similar case and would like to clarify if I shall be eligible for this benefit should the scenario arise in my case.

Please let me know.

Thanks!

[Kumar660m]

Hi,

By any chance can we get that new rule information in my situation from USCIS ,by email or phone call ? Please advise.

[Attorney_22]

22 hours ago, deterdangler8 said:

Hi,

I have I-140 approved with my current employer(A) and I am planning to switch to employer B once it is more than 180 days and after the new rule is effective. 

1) Do I need to file PERM, I-140 compulsorily with employer B or can I stay with employer B for 2 years and switch to employer C and start PERM, I-140 with employer C?

2) What happens if the employer, I am staying with at the time when my PD become current hasn't filed I-140 yet? Can I go back to my old employer(If the company still exists and willing to take me), who filed my initial I-140 and file for I-485?

Thanks

It may be best to discuss this over the phone with an experienced U.S. immigration attorney, but basically you should be able to proceed in the manner suggested above. However, if Employer A withdraws the I-140, when your priority date is current they will need to file a new I-140 with the previously submitted labor certification (as long as the job offer is still available and viable). 

[Attorney_22]

19 hours ago, thirupatik said:

I have situation my i140 approved in Jun-2016 and now I have changed my employer in Oct-2016.I am not with the old employer for 180 days after i140 approval.

1.Is this mandatory to stay for 180 days staying with the petitioner of i140 I mean old employer

2. Can I use my approved i140 for H1B extension after completing 6 years of H1B.

3. And also new rule is applicable for me to portability of i140 to new employer.

Response would greatly helpful, I am in big worry right now.

Was the I-140 withdrawn, and if so, when? 

[jasty477]

Hello,

I have my I140 approved in June 2013 with Company A. Am I eligible for EAD after Jan 17th 2017?
I have a fulltime offer with Company B starting Dec 27th 2016. Can I accept this offer ? Or should I wait until after Jan 17th 2017?Any other suggestions in my case?

[thirupatik]

5 hours ago, Attorney_22 said:

Was the I-140 withdrawn, and if so, when? 

No my i140 is in approved status, i was relieved  with company A with good terms.

 

now i am with company B but donot know they will start gc process soon.

 

 

is there a i can check my i140 status whenver i want.

 

 

any reply greatly appreciated

[varadh]

Hello - I have my I-140 approved with Employer A and its been more than 6 months now. When the new rule becomes effective.,

a) Should I apply for an EAD only when I wish to move to a new employer 'B' and in that scenario H1 become void?

b) Can I stay with the current employer 'A' but change my role to a new location with similar job description? What would happen to my existing I-140? 

c) If I move to new employer 'B' will the process again start from PERM or should I just file AOS when PD become current?

Please advice. Thanks

 

 

 

[sgeovar]

Hi,

   Thanks for giving this opportunity.  I've an approved I140 which is more than 180 days old. My 6 years duration in H1B  is complete and I got H1B tension based on I140 approval. Visa is valid till 2018. I resigned and moved out of United States. My employer told me that he is going to withdraw my I140.

Assume that my employer withdraws my I140 and I try to come back to US  after my current visa expires in 2018.  In this case I've to apply for  H1B visa.  According to the current rule, will I come under quota or can I apply for H1B based on withdrawn I 140 ? Current rule says that even though employer withdraws I140, it's still valid if it's 180 days old. Please clarify.

    

[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.

- After the new I-140 rule comes to effect - If Company A revokes/withdraw(not fraud case) I-140 AND, If i lose job in company B and need to do H1B transfer to new company C will it get approved ?

[Frank2015]

Hello,

I'm currently on my 6th year H1-B. 

I have my approved I-140 with my previous employer and he refused to share the I-140 document.

My current employer initiated my PWD process.  With the current rule mentioning I-140 can't be revoked if it is active for 180 days, do i need the I-140 copy for my extension next year or the USCIS will able to pull my copy from their system?  Is it mandatory to have the I-140 copy with us for extension?

Please advise.

 

 

[Hari Sridharala]

Hello,

I have a approved I-140 and working on L1 Visa which is getting expired on Jan 6, 2017. My employer is asking me to go back to India and work for an year before I come back to states on L1. However I am planning to change my visa from L1 - F1 and continue to stay here and work on CPT.

New rule will be in action from Jan 17, 2017 and wondering whether what happens to my I-140 when I change my status to F1?

Thanks,

[sprasv@gmail.com]

Hello, I had a couple of questions (a) If my I-140 is approved for more than 180 days and PD is not current and if I change to a new employer, should the new employer file PERM again?- I believe this is a YES, but can it be confirmed? (b) Does the 'same/similar position' rule still hold? What if I were to change from lets say an Engineer to a Consultant, would my PD still be retained?

[thirupatik]

On 11/30/2016 at 1:03 PM, thirupatik said:

I have situation my i140 approved in Jun-2016 and now I have changed my employer in Oct-2016.I am not with the old employer for 180 days after i140 approval.

1.Is this mandatory to stay for 180 days staying with the petitioner of i140 I mean old employer

2. Can I use my approved i140 for H1B extension after completing 6 years of H1B.

3. And also new rule is applicable for me to portability of i140 to new employer.

Response would greatly helpful, I am in big worry right now.

My old employer did not revoked the i140.

[Attorney_22]

On 12/1/2016 at 11:52 AM, jasty477 said:

Hello,

I have my I140 approved in June 2013 with Company A. Am I eligible for EAD after Jan 17th 2017?
I have a fulltime offer with Company B starting Dec 27th 2016. Can I accept this offer ? Or should I wait until after Jan 17th 2017?Any other suggestions in my case?

For most individuals the new rule does not relieve the burden on maintaining nonimmigrant status with work authorization. The I-140 EAD is limited to particular circumstances and is only a temporary measure. You can find more information here: https://www.murthy.com/2016/01/08/i-140-ead-proposal-is-limited-and-restrictive/