Switch Employer - H1B into 8th year -I140 revoked

[newsforsid]

HI,

 

I have been in the US for a little over  8 years ( L1B and H1B) working for an employer (Company A) who filed my GC in 2007. I had labor approved by 2008 and I140 approved by early 2009.

 

I switched my employment late last year. The new employer (Company B) filed for an H1B transfer and got it approved until August 2016.

 

In the meanwhile (Company A) revoked my I140 approval. Current Employer (Company B) has started the PERM process in Sep 2014.

 

How does this impact me:

1. Can I swtich to another company ( Company C) now?

2. What would be needed from Company C , for me to need continue working and staying in US legally?

 

Thanks in advance.

[jairichi]

1. Yes.

2. Your H1B petition with C (if approved) will be valid till August 2016. Any extension beyond that needs an approved I-140.

[itsmeusa]

1. No. You need to have PERM or I-140 pending or approved I-140 to be able to switch to new employer "C" now. Your I-140 has already been revoked by "A". So right now, you don't have any basis on which you would extend / xfer H1b beyond 6th year.

2. Refer 1. You don't have a basis.

[jairichi]

1. No. You need to have PERM or I-140 pending or approved I-140 to be able to switch to new employer "C" now. Your I-140 has already been revoked by "A". So right now, you don't have any basis on which you would extend / xfer H1b beyond 6th year.

2. Refer 1. You don't have a basis.

Since OP's previous extension petition was approved till August 2016 based on approved I-140 USCIS will honor the same even if I-140 is revoked by previous employer. Anything beyond August 2016 will be possible only if employer C has an approved I-140 for OP.

[itsmeusa]

OP can work until Apr 2016 with current employer "B" only. However he is asking if he can move to new employer "C" when "A" has already revoked I-140. Please read his case once more and then our responses to it. 

[jairichi]

OP can work until Apr 2016 with current employer "B" only. However he is asking if he can move to new employer "C" when "A" has already revoked I-140. Please read his case once more and then our responses to it. 

Yes, OP can still move to employer C but his H1B will be effective till Apr 2016, even if his I-140 is already revoked.

[itsmeusa]

That's not true. OP's H1b that approved by USCIS until Apr 2016 is valid only for employer "B". He can't move to any employer when "A" has revoked his I-140. 

[jairichi]

That's not true. OP's H1b that approved by USCIS until Apr 2016 is valid only for employer "B". He can't move to any employer when "A" has revoked his I-140. 

According to immigration rules it does not matter with whom I-140 is approved. Even after being revoked OP can move to a new employer but the initial approval date of H1B till August 2016 stays valid.

[itsmeusa]

As per AC-21 rules, H-1b extension (including transfer) beyond 6-yr needs

1. PERM or I-140 pending for more than 365 days

OR

2. Approved I-140 from any employer

 

OP has already extended his stay beyond 6th year when he moved from "A" to "B" and got approval until Apr 2016. That H1b is valid only when OP works at employer "B". USCIS will not revoke that H1b just because "A" has revoked I-140.

 

Now 2 things happend - 

"A" has revoked I-140 AND

"B"s PERM is filed only on Sep-2014. 

 

Now looking at the immigration rule (AC-21), OP has no basis to transfer his H1b to new employer beyond 6th year. That's just not possible in this case. 

[itsmeusa]

The same question was asked at **************** Immigration forum

 

Can you please help me regarding this.

First H1B was filed by Employer A in 2008
Employer A filed GC and 140 was approved in 2012
In 2012 I moved to Employer B using the 140 approval for extension beyond my 6th year
GC Labor is still in progress at Employer B and my H1B extension is up for renewal next year
If Employer A withdraws the 140, will I still be able to apply for extension based on the withdrawn 140? I am assuming that since I am the beneficiary, I should be able to use it to extend.

I have read elsewhere that according to USCIS guidance as long as the 140 was approved prior to the withdrawal, it can still be used for H1B extension. 

Can you please clarify this.

Thanks in advance.

 

Reply was 

 

No, you will not be able to use it. You must have an approved I-140 or a PERM that has been pending more than 365 days. If the original employer withdraws their I-140, you are no longer eligible for extensions beyond six years unless and until a new PERM/I-140 is approved.

[mohanbabu400]

Revoked I-140 can't be used for H1b extensions beyond 6 years.

This was question asked in MurthyChat few months ago

 

I have I-140 approved from company A in April, 2012 and switched to company B in August, 2013 and company B applied for H1 transfer/extension with approved I-140. H1B approved only for one year for whatever so reasons. Now company A revoked I-140.

Can company B still uses approved I-140 for H1b extension in 2014? Would you please share the clauses for reusing approved I-140 especially after quitting a company that applied I-140 ?

Answer:  Revoked I-140 can’t be used for H1b extension

 

Hope this helps

[pontevecchio]

The H1 extension granted before the I-140 revocation stands and that allows for transfers.

[jairichi]

The H1 extension granted before the I-140 revocation stands and that allows for transfers.

Exactly. That was my point too.

[itsmeusa]

Let him do it and when USCIS doesn't approve it, then he would know what's possible and not possible. 

[elkrishna]

Hi did you go ahead with the xfer to new employer? I am in the boat I need to know an answer if actually someone was successful in doing it

[ravim123]

Hi,

I am new to this group.

I am in similar situation where I140 got revoked from Company A, Company B still not started GC process, but i have visa until Mar 2018. Can I switch to company C? Please reply. Any help reply would be appreciated. Thank you.