Kris01 Posted February 13, 2020 Report Share Posted February 13, 2020 I resigned my old company in US and came back to India in December 2000. I recently checked the status of my I-140 it was approved in February 2001 and not revoked. I am currently in India. My question is as I was not working with my old company when my I-140 was approved. Can I use my approved I-140 for filing H1B under cap exempt and port my priority date with a new company when they start my PERM. I would appreciate early response. Thanks. Quote Link to comment
pontevecchio Posted February 13, 2020 Report Share Posted February 13, 2020 What is the status of the old company? Quote Link to comment
Kris01 Posted February 13, 2020 Author Report Share Posted February 13, 2020 (edited) The old company no longer exist. Edited February 13, 2020 by Kris01 Quote Link to comment
User099 Posted February 13, 2020 Report Share Posted February 13, 2020 How many times will you ask the same question? Quote Link to comment
JoeF Posted February 13, 2020 Report Share Posted February 13, 2020 An I-140 from back then can generally not be used anymore. The rule that kept the I-140 active after 180 days was introduced in 2017. Assuming that the company ceased to exist before 2017, the I-140 automatically terminated when the company was shut down. Quote Link to comment
Kris01 Posted February 14, 2020 Author Report Share Posted February 14, 2020 Sorry User099 to ask the same question again, as I am little confused as to where my case stands, as i am getting different answers to my query. Some say I have to be employed with the company when my I-140 was approved and some say if it's not be revoked I can use it. Maybe I have to consult a good attorney to get a clear picture of my case. Thanks User099 for your help and guidance. Quote Link to comment
User099 Posted February 19, 2020 Report Share Posted February 19, 2020 Its not a problem to answer the question, but in your case its better to have an attorney look at what documents you have and all your history. They will be able to give you some legal advice on how to proceed. Lot of things have changed in these 20 years on how PERM and I140's are treated. Good luck! Quote Link to comment
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