roy86 Posted April 6, 2017 Report Share Posted April 6, 2017 Hello All, I searched multiple forums but either got conflicting or no answers for below questions . Replies will be much appreciated. Scenario: + H1-B permit valid till April 2018 + Six years of H1-B to be over by April 2018 + I-140 approved in March 2017 with a priority date of Oct-2016 + Planning to leave employer as business forecast is not good and might undergo downsizing in Q4 Questions: 1) On transferring H1-B, Will i get extension till April 2018 only or for next three years due an existing approved I-140 ? 2) I heard that i need to complete 180 days with the current employer on approved I-140 then only my new employer can file for my extension for 3 years using my current employer's I-140. Is it true? 3) If i join a new employer before completing 180 days with the current employer on approved I-140, Will i lose my priority date or i can still retain the same priority date? 4) Given that my 6 years on H1-B are going to be over by April 2018, does my new employer need to submit the PERM before six years end or if he can do it later if i get 3 years of extension? 5) Will it take another 1.5 years to get the I-140 approved again? Or will it be faster due to an existing I-10 ? 6) What if my immediate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date ? If No, then till what time can I retain my current priority date? Link to comment
pontevecchio Posted April 6, 2017 Report Share Posted April 6, 2017 1. You are eligible for three years including the time till April, 2018. 2. Not true 3. PD retention has always been possible except for fraud. 4. You will have the 3 years. 5. Same speed 6. PD retention HAS ALWAYS BEEN POSSIBLE. Link to comment
Kush009 Posted May 2, 2017 Report Share Posted May 2, 2017 For Question 4, if I140 has been approved from previous employer (A) for more than 180 days and employer withdraws it, are we still eligible for extensions based on previous approved I140 even if new employer (B) does not file for GC? Link to comment
roy86 Posted May 12, 2017 Author Report Share Posted May 12, 2017 Kush009, If your I140 has been approved for more than 180 days, your previous employer can not withdraw your I140 except for fraud and you can use the same for multiple extensions. Link to comment
roy86 Posted May 12, 2017 Author Report Share Posted May 12, 2017 Does anyone know if we can file for H-4 EAD extension using the I-140 from previous employer or do we need to have the I-140 from current employer? Thanks in advance. Link to comment
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