I-I40 from Employer out of business


Bhoopa

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Hi 

I have an approved I 140 from My Ex employer. My PD is 2013 and I moved to new Employer before an year. New employer is yet to start GC Process. Under this situation, My Ex-Employer closed the business. What would happen to my I 140?

I am due for extension at end of this year.  Can I use the approved I 140 for extension?

What options do I have?

Thanks

BV

 

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8 hours ago, Bhoopa said:

Hi 

I have an approved I 140 from My Ex employer. My PD is 2013 and I moved to new Employer before an year. New employer is yet to start GC Process. Under this situation, My Ex-Employer closed the business. What would happen to my I 140?

I am due for extension at end of this year.  Can I use the approved I 140 for extension?

What options do I have?

Thanks

BV

 

If i-140 has been approved for more than 6 months, employer who filed it cannot revoke it and it would not matter if they withdraw the i-140 or even go out of business. Any other employer can keep extending our h1b based on an approved i-140 until your priority date is current.

However,  you should get your new employer to start their own GC process (Perm + i-140) because if you dates become current, you would not be able to file i-485 based on i-140 of an employer who is out of business. 

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An I-140 is automatically invalid if the employer goes put of business. It is not clear from the law language if you can still use that I-140 to be extend the H1. You should discuss your situation with a good immigration lawyer.

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6 hours ago, xTDx said:

If i-140 has been approved for more than 6 months, employer who filed it cannot revoke it and it would not matter if they withdraw the i-140 or even go out of business. Any other employer can keep extending our h1b based on an approved i-140 until your priority date is current.

However,  you should get your new employer to start their own GC process (Perm + i-140) because if you dates become current, you would not be able to file i-485 based on i-140 of an employer who is out of business. 

Thanks for the Response.

I am on 9th yr on H1B, So I can still use ex-employer's (Gone out of Business) I-140 for Extension or transfer if I get a new offer.

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