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Issues/Questions Regarding the I-140 Petition

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This week, Murthy Law Firm attorneys will answer questions regarding I-140 Petitions. 

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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I have approved an I-140 from employer A and I am looking to move to employer B, can you please help me answer the following questions,

  1. What happens if I move to employer B before 180 days of I-140 approval? and what does it mean if it’s revoked and it is the impact on my stay in US.
  2. What happens if I move to employer B after 180 days of I-140 approval? and can it be revoked after 180 days of approval or can it be only withdrawn.
  3. If employer B does H1B transfer and it’s approved based on my approved I-140 from employer A after I join employer B and once employer A withdraws or revokes my I-140 , does this impact my approved H1B petition with employer B?
  4. Can it be revoked after 180 days of approval under any condition and what happens if it's revoked , is my priority date retained and can I use the I-140 for my further H1B extensions?

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I have approved I140 with my previous employer, is there any time frame for the new employer to file the new Labor petition and I140.

 

Rgds,

Siri 

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My Perm is approved and I 140 is timely filed within PERM validity period. An RFE was issued on Ability to pay and employer has withdrawn my I 140 before approval. Can I retain priority date if same employer files I 140 again? What are chances of approval? And does my employer need to prove RFE issued when I 140 was filed intially about 2 years ago?

Edited by Ramya39

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Hi

 I have an approved I 140 under the EB1B category from employer A. If I change employers and apply for I140 under EB2. Do I get to keep my priority date from the EB1B application provided employer A doesn’t revoke it.

thanks

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On 10/24/2019 at 4:29 PM, So_Kor said:

I have approved an I-140 from employer A and I am looking to move to employer B, can you please help me answer the following questions,

  1. What happens if I move to employer B before 180 days of I-140 approval? and what does it mean if it’s revoked and it is the impact on my stay in US.
  2. What happens if I move to employer B after 180 days of I-140 approval? and can it be revoked after 180 days of approval or can it be only withdrawn.
  3. If employer B does H1B transfer and it’s approved based on my approved I-140 from employer A after I join employer B and once employer A withdraws or revokes my I-140 , does this impact my approved H1B petition with employer B?
  4. Can it be revoked after 180 days of approval under any condition and what happens if it's revoked , is my priority date retained and can I use the I-140 for my further H1B extensions?

Generally, an approved I-140 petition provides a basis for H1B time beyond the normal six year limitation. This is also true if the I-140 was withdrawn after it had been approved for 180 days. However, to discuss your specific personal concerns and questions, it is advisable to speak directly with one of our attorneys. 

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On 10/24/2019 at 6:31 PM, bvk said:

I have approved I140 with my previous employer, is there any time frame for the new employer to file the new Labor petition and I140.

 

Rgds,

Siri 

In most circumstances it is best to have an approved I-140 petition prior to your date being current. 

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On 10/24/2019 at 9:29 PM, User099 said:

Hi,

If an I140 which is approved for more than 180 days is withdrawn. Can it still be used to file for an H4-EAD?

Thanks.

Generally yes, however we have seen some push-back recently from USCIS on this issue. 

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On 10/25/2019 at 1:39 PM, Ramya39 said:

My Perm is approved and I 140 is timely filed within PERM validity period. An RFE was issued on Ability to pay and employer has withdrawn my I 140 before approval. Can I retain priority date if same employer files I 140 again? What are chances of approval? And does my employer need to prove RFE issued when I 140 was filed intially about 2 years ago?

If the new I-140 petition is based on the previously certified PERM application the PERM's priority date can be retained.  The employer will still need to prove their ability to pay since the priority date in the new filing. 

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On 10/26/2019 at 7:06 AM, Amsy said:

Hi

 I have an approved I 140 under the EB1B category from employer A. If I change employers and apply for I140 under EB2. Do I get to keep my priority date from the EB1B application provided employer A doesn’t revoke it.

thanks

You can retain an earlier priority date from an approved EB1B petition in a new EB2 petition. 

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I have an approved I-140 with my current employer EB2-April 2011.  I  am planning to change and Got my H1 Transfer completed with a new employer.  Can you confirm if my I-140 Priority date will be retained with new employer when they file Perm , I-140 process after 6 months of joining ?  if current employer withdraws I-140, will that impact retaining my Priority date to new I-140 under new employer?

Need your inputs on this.

Also if S386 passes,  how would it impact me  in terms of Priority date movement Eb2-India? Will I still need to go through Perm, I-140 process with new employer before able to file I-485? Thank You

 

 

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On 10/29/2019 at 3:20 PM, bmahekb said:

I have an approved I-140 with my current employer EB2-April 2011.  I  am planning to change and Got my H1 Transfer completed with a new employer.  Can you confirm if my I-140 Priority date will be retained with new employer when they file Perm , I-140 process after 6 months of joining ?  if current employer withdraws I-140, will that impact retaining my Priority date to new I-140 under new employer?

Need your inputs on this.

Also if S386 passes,  how would it impact me  in terms of Priority date movement Eb2-India? Will I still need to go through Perm, I-140 process with new employer before able to file I-485? Thank You

 

 

An earlier priority date can be retained (with some limited exceptions) even if the prior employer withdraws the previously approved I-140 petition. Until the bill is finalized we cannot be sure how it will affect EB2 Inda movement. 

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