pd_2050 Posted September 19, 2019 Report Share Posted September 19, 2019 Hello, My priority date is Apr 2019 and I-140 was approved in July 2019 under EB2, current H1-B is valid till Dec 2019 and 1st 6 year max-out is Sept 2021. I've the following questions - Since my H1-B is expiring in Dec, will it affect my I-140 as my 180 days are completing in Jan 2020? Will my employer have to compulsorily revoke I-140 after Dec or can they still keep it active even if I don't get an extension on my current project? If my employer revokes I-140 after Jan 2020, what happens to my priority date? Will I be able to still retain it and file under new employer with same date in future? If I have to return to my home country after Dec, will I have to go through the H1-B lottery selection at any point or am I exempt from it at all times if coming back to the US? Any insight is much appreciated. Thank you in advance! Quote Link to comment
pontevecchio Posted September 19, 2019 Report Share Posted September 19, 2019 1. No. If and only if the I-140 is revoked before 180 days, you lose the H1 extensions beyond 6 years. 2. They do not have to do anything. 3. You will retain the PD irrespective of whether the I-140 is revoked or not. 4. Based on an approved I-140, you will get H1 extensions beyond the initial total of 6. Quote Link to comment
pd_2050 Posted September 20, 2019 Author Report Share Posted September 20, 2019 Thank you so much @pontevecchio for your reply! It was really helpful. If you don't mind me asking another follow-up question, is PD affected if the status is changed to H4 in the near future after 180 days? Quote Link to comment
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