New I-140 Rules- Continued.

[Attorney_22]

On 12/1/2016 at 5:05 PM, thirupatik said:

No my i140 is in approved status, i was relieved  with company A with good terms.

 

now i am with company B but donot know they will start gc process soon.

 

 

is there a i can check my i140 status whenver i want.

 

 

any reply greatly appreciated

Generally you can check the online case status at USCIS.gov. However, the online case status is not always accurate or updated quickly. 

[Attorney_22]

On 12/1/2016 at 9:54 PM, varadh said:

Hello - I have my I-140 approved with Employer A and its been more than 6 months now. When the new rule becomes effective.,

a) Should I apply for an EAD only when I wish to move to a new employer 'B' and in that scenario H1 become void?

b) Can I stay with the current employer 'A' but change my role to a new location with similar job description? What would happen to my existing I-140? 

c) If I move to new employer 'B' will the process again start from PERM or should I just file AOS when PD become current?

Please advice. Thanks

 

 

 

It is best if you schedule a call with one of our attorneys to discuss the fine details of each question.  

[Attorney_22]

On 12/1/2016 at 11:04 PM, sgeovar said:

Hi,

   Thanks for giving this opportunity.  I've an approved I140 which is more than 180 days old. My 6 years duration in H1B  is complete and I got H1B tension based on I140 approval. Visa is valid till 2018. I resigned and moved out of United States. My employer told me that he is going to withdraw my I140.

Assume that my employer withdraws my I140 and I try to come back to US  after my current visa expires in 2018.  In this case I've to apply for  H1B visa.  According to the current rule, will I come under quota or can I apply for H1B based on withdrawn I 140 ? Current rule says that even though employer withdraws I140, it's still valid if it's 180 days old. Please clarify.

    

At this point, your proposed situation is a gray area if the I-140 is withdrawn prior to January 17, 2017. We are waiting on clarification from USCIS on this issue. 

[vinh1b]

good afternoon Sir/madam 

I am on 8th year of my H1b and my H1b expires next year oct 17, my old company revoked or withdrawn my i140 in 2015,which was actually approved in 2011(so it is was approved for more than 180 days).under this new rule which is effective in January ,can my current company use my old i140 to extend my H1b?

please advise

thank you

vinod

 

 

[snowflake24]

My spouse got her I140 approved (through Employer A) in July 2016, after which I applied and got my H4EAD in Oct 2016. Her H1B is up for renewal in Aug 2017.

I recently accepted a job offer and will start working in a few days. My spouse has another job offer with Employer B where she is required to join by June 2017.  The plan is to ask Employer B to file for H1B transfer after Jan 2017 (when the 180 days period will be over), and subsequently apply for renewal of H1B+H4EAD.

In this scenario, is it possible for Employer A to revoke I140? 

[thirupatik]

On ‎12‎/‎1‎/‎2016 at 8:12 AM, Attorney_22 said:

Was the I-140 withdrawn, and if so, when? 

Sorry for late response, My I-140 is active now..Thanks for your reply.Can you please clarify my questions.

[Krishchaitu]

Hi,

 

I  need help! My current employer (A) filed my I140 and its still in processing. Now I got a new offer from employer (B) and they are willing to file my GC process in 1 or 2 months. What happens to my PD and I140 if I change my employer now. Or should I wait until my I140 gets approved with current employer (A)? My H1B is valid until Sep 2017 and I have 3 more years to extend.

 

Thanks!

[arc_tech]

as per new notification , can we file PERM in 6th year  & get the H1B extension's ( after 6th year)  based on pending perm. 

[mattp]

USCIS has published the new rule (Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers) that goes into effect on January 17th, 2017. 

 

Based on the comment below, is the answer to the following question a 'Yes'?  

 

Case: 

Employee has approved I-140 (approved on January 2015) from Company A. Employee changes to Company B in January 16th 2017 (one day before rule goes into effect).  

 

Question: 

1. Can employee use the I-140 from Company A to port Priority date with new PERM Application in Company B? 

2. Can employee use the I-140 from Company A to renew H1-B for three years? 

3. Do the answers change if the Employee joins Company B on January 18th? 

 

Comment. Several commenters requested that the rule's provision restricting revocation of a petition's approval based on withdrawal or business termination apply retroactively to petitions whose approvals were revoked prior to the rule's publication. 

Response. DHS appreciates the commenters' suggestion; however, DHS has determined that retroactive application of this provision would be problematic. Generally, there is a presumption against retroactive application of new regulations. Cf. Bowen v. Georgetown Univ. Hosp., 488 U.S. 204 (1988). Moreover, in this case, retroactive application of the revised automatic revocation provision would impose a disproportionate operational burden on USCIS, as it would require significant manual work. USCIS systems cannot be queried based on the specific reason(s) for revocation, and USCIS would be required to manually identify Start Printed Page 82417and review these cases in order to verify the reason(s) for revocation, thus creating a highly labor-intensive process that would significantly strain USCIS resources. 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. 

[igen2012]

Hello,

My i140 was approved in Apr 2016 so it's been over 180 days already. I plan to switch my company once the new law becomes effective on Jan 17, 2017. I have a couple of questions:

- Can my employer still revoke my i140 after Jan 17?

- Can my spouse apply for H4 EAD on the basis of this approved i140 after I switch?

Thank you!

[Medi]

Hello,

I have finished my 6 years on H1 and I140 approved (2 years ago) with my current employer. I also have a H1 renewal in process with them. 

Now I got a good offer and want to join new employer. 

1. Is it safe to change employer considering H1 extension is not yet approved? OR I should put current H1 to premium processing, have it approved and then change employer.
2. Is it safe to join new employer on H1-B receipt?
3. Will my current employer get to know about my this new H1-B processing (if my future employer initiates)? I want to take experience letter after resigning them as people do run into issue during GC process without experience letter.
4. I should do this after JAN- 17-2017 so that my current employer won't be able to revoke my I140, correct?

Thanks,

Mayank

[adshah84]

Hello,

My I140 approved in May 2015 and got laid of on 30th June 2015. They have not revoked I140 and they are not going to revole in future as well. 

I have already got H4 EAD for my wife. 

so my question here is

Will I be able to extend my H1b after 6 years on the basis of this I140? 

[H1B_UI]

This is a clarification on I-140 based EAD, my employer recently went through a acquisition.  I have an I140 approved since Jan 2014. Currently 6 months pregnant and my job will be transitioned to another employee. Can i file for I-140 based EAD for "Compelling Circumstances "  - "Serious illness or disability to the worker " ?

[americandesimd]

Hello

Assuming that my i140 is approved for more than 180 days and if i switch my employer in april 2017 will my wife's h4ead be still valid after the new rule?

Thanks

[prakhiepooh]

Hi 

I am working for my employer since 5 years as a contractor at client location and my I-140 was approved in 2015.

Now my client is offering me a full time permanent job.

My job responsibilities and location will be same, just contractor position to full time consultant position.

Do I still need to apply/start LCA and I-140 with my client?? 

[ykancham]

Hi.  

I have an approved 140 through a different employer (more than 6 months) than the employer I am currently working for. And I have completed my 6 years of H1B. So now, Can I apply for an H1b extension through the current employer based on an approved 140 of that different employer? Can I apply for the new 140 and H1b extension at the same time? Any clarification is helpful..Thanks!

[athinaram1]

Hi ,

I studied Masters in USA, I am finished with my H1B only 1 and half year as of now( got H1B in 2015, it was started on OCT 1 2015), I got my I 140 approval this January 2017. So i would like to go for full time job work directly for client instead of working as a contractor.

i just got the I140 approval so is it possible to PORT my priority date after joining full time in February and start filing PERM with my full time employer.

Is it possible for  my current employer to revoke my I140(Got approved this month itself)??

Is it better to work as a full time employee directly for client instead of working as contractor with leyer (Vendor ) in the middle?

I still have 4 and half years H1B to get another I140 from my new employer. In present Trump administration do you think they may put more restrictions on GC process going further in upcoming years.

[Mehtak]

On 11/28/2016 at 0:40 AM, chinnikrishnav said:

Hi there,

Based on new I-140 rules, can individuals accept any promotions with a different job description after their I 140 is approved for more than 180 days with the current employer. If so how would this be handled at the time of filing I 485 when the dates are current. Thanks!

 

[Mehtak]

On 1/27/2017 at 7:46 PM, athinaram1 said:

Hi ,

I studied Masters in USA, I am finished with my H1B only 1 and half year as of now( got H1B in 2015, it was started on OCT 1 2015), I got my I 140 approval this January 2017. So i would like to go for full time job work directly for client instead of working as a contractor.

i just got the I140 approval so is it possible to PORT my priority date after joining full time in February and start filing PERM with my full time employer.

Is it possible for  my current employer to revoke my I140(Got approved this month itself)??

Is it better to work as a full time employee directly for client instead of working as contractor with leyer (Vendor ) in the middle?

I still have 4 and half years H1B to get another I140 from my new employer. In present Trump administration do you think they may put more restrictions on GC process going further in upcoming years.

 

[Patak]

If you have a approved I140 from Company A, and you move to company B after 180,then company A changes it name from ABC to XYZ due to a merger. Can the approved I140 from Company A  prior to name change still be used for H1B extension post 6 years?

[3141e]

I have a pending I140 from company A. If I have to join company B, is it okay to make it in premium, get approval and then join company B? Will I be able to retain the priority date even though if I don't stay with company A for 180 days after approval? Can company A revoke the I140? 

Quote

 

I-140 Revocation and Priority Date Retention

The final regulation allows the beneficiary of an approved I-140 petition to retain its priority date unless the petition is revoked due to fraud, willful misrepresentation, material error by the U.S. Citizenship and Immigration Services (USCIS), or the invalidation or revocation of the underlying labor certification.

 

 

[Anu_0104]

Hi,

I was working with Company A and my I-140 was approved in June 2014. Later I joined another Company B in April 2015 using my Approved I-140 of company A. After my transfer was completed, Company A has withdrew my I-140 in August 2015.

Now, company B has applied for my perm and my I-140 got approved in December 2016. My company B has used my old I-140 to retain the old priority date of company A & it was successful is doing so. My company B's I-140 shows my old priority date.

Since both of my I-140's were approved before January 17,2017,  will this effect on my priority date according to new rules? Will I still have my Company A's priority date since I stayed for 180 days after the approval.

if in future, if I move to a new company C , will I be still able to retain Company A' priority date?

Please let me know.

[CoolDeep]

Hi,

I have confusion and I really appreciate if anyone can help me with this.

I’m working as a full time with employer A, they applied for my GC and my priority date is August 2014. Its been more than 180 days that my I140 has been approved with employer A.

Now, employer B is willing to offer me a full time. When employer B starts my GC process, as per the new rules - can you please tell me, by what time (month and year) my I140 has to be approved with employer B so that I will not lose my priority date of August 2014.

Thanks in Advance

[ri_d]

Hello One of my friends has I 140 approved since last 3 years. She is on 8th year on H1B Visa. She does not have I 140 receipt notice or approval notice, but just the I 140 receipt number. She is looking for H1B transfer to new employer. Will her H1B get approved?