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Radha Reddy Hyderabad

i140 status if the transfer is denied

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My current employer transferred my visa to his comp2 and started GC process , recently he applied for i140 ( perm approved) . But still waiting to get the approval for transfer.


1. If I move to New employer . Will the i140 useful for me ?( May be the i140 approval will be after I had joined new empr)

2. If the transfer is denied and I move to New emp, still the i140 useful? 

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Priority Date issued to you is yours.

If your transfer is denied, I assume you hold the prior H1 in hand which has a validity and extension can be applied for it.

If your transfer is denied and you do not have previous H1 valid anymore (for whatever reason) you got 60 days from the last day of your valid employment on H1 to find a new employer. New employer if willing,  can then take over the GC process by filing labor and perm to port your priority date.

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