I140 Approved and changed Employer - New Employer don't file I140 transfer


Goru

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Hi All,

I am on H1B and completed 3 years in USA. I have my I140 approved with my previous employer and now i have joined the new employer. I have some queries regarding my current situation.

 

  1. My new Employer is not agreeing to file my H1B transfer. So can i stay on H1B for next 3 years and find another employer after 2 years or so?
  2. Can my employer revoke my I140 once i leave them? I think there was a rule passed back in January which says that the employer can't revoke it if you have been with the same employer for more than 180 days after I140 approval.
  3. What happens to the priority date? As i would be having gap of 2 years between the initial I140 revocation and the new one which would be filed in future.
  4. What are other options i can opt for? Any pointers / suggestions are welcome. 


 

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16 hours ago, Goru said:

Hi All,

I am on H1B and completed 3 years in USA. I have my I140 approved with my previous employer and now i have joined the new employer. I have some queries regarding my current situation.

 

  1. My new Employer is not agreeing to file my H1B transfer. So can i stay on H1B for next 3 years and find another employer after 2 years or so? Did you mean H1 extension?
  2. Can my employer revoke my I140 once i leave them? I think there was a rule passed back in January which says that the employer can't revoke it if you have been with the same employer for more than 180 days after I140 approval. Yes, he can still revoke I140, but you will not have any effect if it is revoked after 180 days.
  3. What happens to the priority date? As i would be having gap of 2 years between the initial I140 revocation and the new one which would be filed in future. Your PD is retained even if it revoked after 180 days.
  4. What are other options i can opt for? Any pointers / suggestions are welcome. 


 

 

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  1. My new Employer is not agreeing to file my I140 transfer (Filing Perm and I170 again). So can i stay on H1B for next 3 years and find another employer after 2 years or so? Did you mean H1 extension? Sorry i meant I140.
  2. Can my employer revoke my I140 once i leave them? I think there was a rule passed back in January which says that the employer can't revoke it if you have been with the same employer for more than 180 days after I140 approval. Yes, he can still revoke I140, but you will not have any effect if it is revoked after 180 days. 
  3. What happens to the priority date? As i would be having gap of 2 years between the initial I140 revocation and the new one which would be filed in future. Your PD is retained even if it revoked after 180 days.
  4. Can i still get extension / transfer after 6 years of my H1b are completed, based on the I140 which was revoked by my employer earlier? Or is it required to have an active I140 to be there to get the extension / Transfer of H1B?
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2 hours ago, Goru said:
  1. My new Employer is not agreeing to file my I140 transfer (Filing Perm and I170 again). So can i stay on H1B for next 3 years and find another employer after 2 years or so? Did you mean H1 extension? Sorry i meant I140. I140 cannot be transferred and your new employer has to start from PERM again, but it is required only when your PD is close and need to apply for I-485. Just for H1 extension, your old I140 can be used if it was not revoked before 180 days.
  2. Can my employer revoke my I140 once i leave them? I think there was a rule passed back in January which says that the employer can't revoke it if you have been with the same employer for more than 180 days after I140 approval. Yes, he can still revoke I140, but you will not have any effect if it is revoked after 180 days. 
  3. What happens to the priority date? As i would be having gap of 2 years between the initial I140 revocation and the new one which would be filed in future. Your PD is retained even if it revoked after 180 days.
  4. Can i still get extension / transfer after 6 years of my H1b are completed, based on the I140 which was revoked by my employer earlier? Or is it required to have an active I140 to be there to get the extension / Transfer of H1B? If it was revoked after 180 days, it can be still used to get your extension beyond 6 years

 

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Hi team,

Another question. As my I140 is approved and i have completed 6 months plus after I140 approval, can i file my H4 and get H4 EAD and start working on that (If my wife is working and has her own H1)? Once my PD is near, i can convert my H4 to H1B and get PERM / I140 applied to get my GC? I am bit confused about it and would appreciate if you can help.

Thanks.

Gaurav

 

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