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Attorney_22

Events That Occur After an I-140 Approval

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This week, Murthy Law Firm attorneys will answer questions regarding events that occur after an I-140 approval.

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.

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An individual wants to file an application to "port" the H1-B to a different employer. What would be the outcome if

a) He/She is a beneficiary of an approved I-140 for more than 180 days which gets revoked before the portability application reaches USCIS.

b) He/She is a beneficiary of an approved I-140 for more than 180 days which gets revoked after the portability application reaches USCIS. 

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I have an approved I-140 from an employer to work at their head office in city 1, state 1. Even though it has been over 2 years since my I-140 is approved, my date is not current to apply for 1-485. Employer is now planning to change their head office location from city 1, state 1 to city 2, state 2. What happens to my approved I-140 when the employer moves the office? 

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Hi

Can you please answer this?

If we have I140 at employer A, and moved to another company B. Can A cancel the approved I140 in year 2012 ? What can we do if A can not provide I140 details/receipts number to port these dates to continue for B?


Thank you very much

 

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My I140 is already approved from previous employer and is still valid. Will my current employer be able to port the same and file my GC if so do I need to file Labor PERM again with new employer?

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On 5/5/2017 at 8:21 PM, rama_1911 said:

My I140 is already approved from previous employer and is still valid. Will my current employer be able to port the same and file my GC if so do I need to file Labor PERM again with new employer?

Porting is possible, but new employer has to start from PERM.

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On 5/4/2017 at 9:21 PM, aturianilk said:

My 140 got approved 5 years back and waiting ..waiting...waiting..Do you see any hope from Trump administration.? 

There are no expected revisions to the law at this time that will speed-up the process. 

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On 5/4/2017 at 9:54 PM, rickymaster1973 said:

An individual wants to file an application to "port" the H1-B to a different employer. What would be the outcome if

a) He/She is a beneficiary of an approved I-140 for more than 180 days which gets revoked before the portability application reaches USCIS.

b) He/She is a beneficiary of an approved I-140 for more than 180 days which gets revoked after the portability application reaches USCIS. 

There are more variables to consider than what is listed above and therefore it is advisable to schedule a consult with one of our attorneys. However generally, an I-140 that was approved and valid for 180 days prior to being withdrawn can be a basis for an H1B extension past the normal six-year limitation as long as the withdrawal occurred on or after January 17, 2017. 

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On 5/4/2017 at 10:14 PM, Confusionceater said:

I have an approved I-140 from an employer to work at their head office in city 1, state 1. Even though it has been over 2 years since my I-140 is approved, my date is not current to apply for 1-485. Employer is now planning to change their head office location from city 1, state 1 to city 2, state 2. What happens to my approved I-140 when the employer moves the office? 

They may need to re-test the labor market. It is advisable to speak with one of our attorneys to discuss this in detail. 

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On 5/5/2017 at 5:48 PM, vishnus16 said:

Hi

Can you please answer this?

If we have I140 at employer A, and moved to another company B. Can A cancel the approved I140 in year 2012 ? What can we do if A can not provide I140 details/receipts number to port these dates to continue for B?


Thank you very much

 

Yes, the I-140 can be withdrawn. To obtain evidence of the I-140 you can request documentation through a FOIA request. 

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