Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
sks0412

Job Change after 140 approval

Recommended Posts

I got my I-140 notice on 9th  November 2016 and after that got H -1B extended for which got a new petition up to 2019 through company A.

Now I have got an offer from another company B which is filing H -1B visa transfer in premium and has agreed to let me join and start after 10th  May  2017 which is 180 days from 9th Nov 2016.

Now I have two questions -

1.Will I be able to get this  new visa transfer and extension beyond 6 year because my I-140 will remain valid after 180 days even if my employer withdraw it?

2.What happens to my wife  H4 EAD which may get approved before I switch to company B(Its in process from 2 months)?

Should I wait to get H4 changed to new employer until get another I-140 approved or Her H4 EAD will remain valid till 2019 even if I get my new petition for lesser period for now and may require extension later through this companyB?

 

Thanks

Share this post


Link to post

Based on below articals from forum,I am assuming that I-140 remain valid once it has crossed 180 days-

Can the Petitioner Revoke My Approved I-140?

Ordinarily, the petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. Under the current rules, as soon as the notice reaches the USCIS, the I-140 is automatically considered revoked as a matter of law. There is a proposed rule that would change this and allow for the continued validity of the I-140 petition if it was approved at least 180 days before the petitioner sent a withdrawal notice. But, for the time being, that is merely a proposal.

Can I Transfer the I-140 to a New Employer?

An approved I-140 is usually employer and job specific. The I-140 typically can only be used to apply for lawful permanent residency (i.e. a “green card”) with the petitioning employer. In fact, the I-140 generally cannot even be used for a new position with the same company that filed the I-140.

One major exception to this general rule is that the I-140 can be used by a new employer if that company is a successor in interest to the petitioner, as discussed in the MurthyDotCom NewsBrief, Foreign National Employees: Navigating Mergers and Acquisitions.

Similarly, no new I-140 is needed if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 ‘Same or Similar’ Job Requirement (07.Apr.2016).

Can I Use the I-140 from My Current Employer to File an H1B Change of Employer and Extension Through a New Employer?

As long as an approved I-140 remains valid, it may be used by any employer as a basis to request an extension of H1B status beyond the standard 6-year maximum. But, the I-140 must remain valid until the H1B is approved. Once an I-140 is withdrawn by the petitioner, it may no longer be used to request an H1B extension of status. If the I-140 is withdrawn after an H1B extension is granted, the USCIS has issued guidance that it will honor the H1B approval for the entire validity period.

Can I Use the Priority Date from My I-140 After it is Revoked?

Generally, once an I-140 is approved, the USCIS will grant a request for priority date retention for any other I-140 petition filed on behalf of the same beneficiary. This applies even if the petitioning employer withdraws the approved I-140. If, however, the I-140 is revoked by the USCIS due to fraud, misrepresentation, or because the USCIS determines that the I-140 was approved in error, a priority date retention request will not typically be honored.

Conclusion

The rules regarding how a job change may impact one’s ability to use an approved I-140 can be confusing, but this is an issue of significant importance to foreign national workers. Being familiar with these general rules should help in making informed decisions when deciding on a possible move to a new employer.

Share this post


Link to post

The duration of approval of H1 with A based on an approved I-140 with ANY company remains valid for use with B even were the I-140 TO BE REVOKED. 180 days is not related to the matter. H4 EAD is probably going away.

Share this post


Link to post

I had approved I 140 with employer A and I left A, and joined B and B filed I 140 and got I 140 approved with dates being ported from A; during this process, USCIS found A involved in kickback bribery scandal; now will the I 140 Approved from B gets affected as the dates were ported from A

 

Share this post


Link to post
On 3/14/2017 at 8:42 PM, pontevecchio said:

The duration of approval of H1 with A based on an approved I-140 with ANY company remains valid for use with B even were the I-140 TO BE REVOKED. 180 days is not related to the matter. H4 EAD is probably going away.

Ok...Thanks

I have my wife H4 EAD in process from last two months and now I am planning to switch to employer B who got extension for only 1 year.

Based on above ,Looks Like I am safe to switch and will be able to get 3 year extension next time using I-140 from previous empoyer.(BTW my 6 year on H1B also complete next year)

 

but If I switch now with H4 EAD in process,WIll She be able to get EAD for three years?

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×