H1B transfer possibility after I-140 withdrawn

[dishi18]

Any update on your case ?i am in similar situation

Hi I am exactly on the same boat, I-140 Revoked from employer A, I am with Employer B H1B Valid until 2018 Aug. I am trying to move to Employer C. 

Can Employer C TRANSFER my H1B with same validity (2018 Aug) ? or not ?

 

Could someone please respond its urgent as Employer C is in the process of H1 B petition filing.

 

Thanks in advance 

Krishna

[KANIKESH]

I have very urgent question based on my situation here-

1. I have completed 6 years on H1B. 6 months back I moved to new employer
2. My previous company had revoked my I-140 when i joined current employer at VA location
3. My current employer has not yet initiated my I-140.
4. My current employer is closing office at  VA facility and transferring us to Florida location.

Question: Can My current employer file an amendment to my H1B for change in location in the absence of I-140?

Please answer the question as soon as possible. Thanks in advance

[KANIKESH]

Case Overview: 

1. Entry and years of stay in  USA details: Jan-02-2010 (7 Years completed)

2. X employer I-140 details: Approved Jan-05-2015 and revoked Jun-26-2016.

3. Current employer transferred H1B Visa and approved for 3 years based on i-140 and validity till FEB-2019.

4. On Dec-16th my current employer closed complete facility(office) at VA and relocated to FL, so employer filed H1B amendment in Premium and Started working at the new facility (FL) for the same project. 

************************************************************************************************

So USCIS sent H1-B  Amendment RFE and USCIS questioning whether am eligible to extend beyond 6 years status based on his revoked i-140(X employer i-140 Approved JAN-5-2015 and revoked Jun-2016). RFE reply end date march-26-2017.

 

1. Am I eligible per for new i140 rule effective from jan-17-2017 (apply retroactively to petitions whose approvals were revoked prior to the rule's publication

just found in the new rule: from rule doc: Therefore, the final 8 CFR 205.1(a)(3)(iii)(C) and (D) provisions will apply prospectively from the effective date of this final rule." So am not sure am eligible or not?

 

2. I would be grateful if you could provide me best solution and strategies. Just for info my employer initiated perm process, so it's just preparing document stage, so it may take to file perm 3 or 4 months and + i140 1 months. so what is the solution for my RFE?

[rajmohan]

On 1/8/2017 at 9:27 AM, KANIKESH said:

Case Overview: 

1. Entry and years of stay in  USA details: Jan-02-2010 (7 Years completed)

2. X employer I-140 details: Approved Jan-05-2015 and revoked Jun-26-2016.

3. Current employer transferred H1B Visa and approved for 3 years based on i-140 and validity till FEB-2019.

4. On Dec-16th my current employer closed complete facility(office) at VA and relocated to FL, so employer filed H1B amendment in Premium and Started working at the new facility (FL) for the same project. 

************************************************************************************************

So USCIS sent H1-B  Amendment RFE and USCIS questioning whether am eligible to extend beyond 6 years status based on his revoked i-140(X employer i-140 Approved JAN-5-2015 and revoked Jun-2016). RFE reply end date march-26-2017.

 

1. Am I eligible per for new i140 rule effective from jan-17-2017 (apply retroactively to petitions whose approvals were revoked prior to the rule's publication

just found in the new rule: from rule doc: Therefore, the final 8 CFR 205.1(a)(3)(iii)(C) and (D) provisions will apply prospectively from the effective date of this final rule." So am not sure am eligible or not?

 

2. I would be grateful if you could provide me best solution and strategies. Just for info my employer initiated perm process, so it's just preparing document stage, so it may take to file perm 3 or 4 months and + i140 1 months. so what is the solution for my RFE?

What happened  to your situation?. Could you please describe your situation . I am also in some what similar situation now.