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snambisan

Job and Stay at Big Risk - I-140 withdrawn..job termination happening soon

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Hi Friends and Attorneys,

My (and my family) stay in the US will depend on the expert opinion posted here based on which I will make my next move

Situation: I am on almost 11th year of my H1B. Working for Employer "Curr" . Previously worked for  firm "Prev"

  • "Curr" H1 will expire Dec 2018. "Curr" Perm Labor filed almost 2 months back. 
  • "Prev" has "withdrawn" I-140 . I am exactly not sure when he submitted the withdrawal request.  Priority date was 2013. Worked till 2015. USCIS status shows "Withdrawal Acknowledgement Notice Was Sent: On October 18, 2017, we received your request to withdraw your Form I-140, Immigrant Petition for Alien Worker , Receipt Number XXXXX, and completed our review. We mailed you a Withdrawal Acknowledgment Notice. If you do not receive your Withdrawal Acknowledgment Notice by November 17, 2017, please go to www.uscis.gov/e-request to request a copy of the notice". Does Oct 18 2017 receipt guarantee that "Prev" requested withdrawal only after Jan 2017?
  • "Curr" has asked me to look for a new job as they are terminating me soon (Not sure when , but it can be between few weeks to 3 months or even 4 months, if they understand my situation and willing to show some mercy. Will come to know next week)

Qns:

 

  1. Can I transfer H1-B to a new employer "New" and get a 3 year H1-B based on "Prev" I-140? The above link has this clause "An H-1B whose approved I-140 petition is withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification" So am I eligible for 3 year H1-B "Transfer" with "New"? Or am I eligible for 3 year H1-B "Extension" with "Curr" ?(since it specifically used the word extension)? Or am I not eligible for either and the "Prev" I-140 is now useless?
  2. In case I only get H1 till Dec 2018 with "New", would it be logical to stay with "Curr" , hope their Labor and I-140 gets through (premium) and then use the "Curr" I-140 to transfer my H1-B to "New" as soon as the I-140 approves? (Provided "Curr" still lets me hang on for another 4-5 months) ? Would 3 year H1-B with "New" guaranteed or at least increased probability, than trying now?
  3. When "Curr"  or "New" submits new I-140, can they still port  "Prev" priority date of 2013?
  4. When I called "Prev" he says he can file a new I-140 on Day 1 if I join him back (but normal processing only and not premium) using the old labor ie he doesn't have to go through the Perm labor again. Is that valid?

I appreciate your response and this is a stressful situation I am going through now and fingers crossed expecting positive answers!

Thanks,

SN

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You should never base a decision on posts from strangers on an Internet forum.

Get a consultation with a good immigration lawyer.

And your post is TL;DR, anyway.

Edited by JoeF

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1. It is a possibility. You would seem to be covered by the new regulations regarding 3 year extensions beyond the initial 6 in total

2. You lost me here.

3. PD retention has always been possible in the absence of fraud .

4. No Offense. Your previous employer seems a crook. It is not possible to reuse that PERM.

 

Write down all your concerns and make an appointment with the firm of Murthy or any of your choice and this could be by phone. Expert opinions are rarely found in a forum. Let a lawyer guide you so that you give it your best shot.

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6 hours ago, JoeF said:

You should never base a decision on posts from strangers on an Internet forum.

Get a consultation with a good immigration lawyer.

And your post is TL;DR, anyway.

I Agree and definitely going to consult an attorney in this regards. Expecting to get experiences from others here.  I agree that its too long, but wanted to give as much info as possible.

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5 hours ago, pontevecchio said:

1. It is a possibility. You would seem to be covered by the new regulations regarding 3 year extensions beyond the initial 6 in total

2. You lost me here.

3. PD retention has always been possible in the absence of fraud .

4. No Offense. Your previous employer seems a crook. It is not possible to reuse that PERM.

 

Write down all your concerns and make an appointment with the firm of Murthy or any of your choice and this could be by phone. Expert opinions are rarely found in a forum. Let a lawyer guide you so that you give it your best shot.

Thanks a lot for response. With regards to #2, what I meant was - Would it be less riskier to stick on to Current employer hoping that the labor and I-140 gets approved in another 4-5 months (assuming they let me continue until then) and after the I-140 approval,look for an employer change to get a 3 Yr extension with the aproved I-140 - rather than making a change now. 

But from your response to #1, it appears I don't have to wait until then and can make a switch now and get a 3 year extension with the Withdrawn I-140.

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For the current situation if you can settle with some deal with current employer it is better. Otherwise if you get some full-time also better then you can switch

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3 hours ago, vinodhts said:

For the current situation if you can settle with some deal with current employer it is better. Otherwise if you get some full-time also better then you can switch

Thank you Vinod. I tried to negotiate with current employer, but they are mandated to make these cuts each year due to company policy ( stating performance, and they actually want to replace the position with a junior-fresh-out-of-college mind ). The only thing I can negotiate now is buying some more time from the HR, assuming my labor-in-progress gets approved by Feb/march and then I-140 by April. I hope they understand my visa situation and help me out here. But the termination is happening for sure.

I was asking these question to judge if  from an immigration perspective, the above  strategy  was less riskier or switching right away assuming "Withdrawn I-140" gets a  3 year H1-B with new employer(which seems possible per response from Ponte ) was less riskier..

I hope no one else have to face these situations. It is really nerve wrecking and sleepless nights..

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In this situation switch to any employer right away. Try consulting companies many are still looking for people with H1.Which technology you work ? Very few end clients are considering H1 , so take whatever comes.

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4 hours ago, vinodhts said:

In this situation switch to any employer right away. Try consulting companies many are still looking for people with H1.Which technology you work ? Very few end clients are considering H1 , so take whatever comes.

Thank you Vinod. Datawarehousing is my field. Yes, trying with consultants now..

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