H1b transfer to new emplyer with approved I-140


VAK347

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Hi All,

I'm on 6th year of my H1b visa with an approved I-140 from my current company, my original  6 year limit will end in Feb 2018, got the H1b extended past my  6th year till May 2020 . It's been more than 180 days since my I-140 got approved. I'm planning to join a new company in October 2017, need help understanding a few concerns I have.

1. Can the company revoke my I-140 just for the reason that I'm leaving them? Will USCIS revoke it if the revoking request is not for fraud, material misrepresentation, invalidation or revocation of a labor certification or material USCIS error.

2. One of the criteria for approving a revocation is revocation of a labor certification, can the employer request  for a withdrawal of a certified labor  when a employee leaves them?

2. Will my H1b be approved if my I-140 is revoked, considering that I have an extension already approved  until May 2020.

3. Is it better to join new company once the h1b is approved for the new company rather than joining based of the receipt date, considering the fact that  USCIS has been issuing a lot of RFE's off late for many H1b cases.

Appreciate your help.

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13 hours ago, VAK347 said:

Hi All,

I'm on 6th year of my H1b visa with an approved I-140 from my current company, my original  6 year limit will end in Feb 2018, got the H1b extended past my  6th year till May 2020 . It's been more than 180 days since my I-140 got approved. I'm planning to join a new company in October 2017, need help understanding a few concerns I have.

1. Can the company revoke my I-140 just for the reason that I'm leaving them? Will USCIS revoke it if the revoking request is not for fraud, material misrepresentation, invalidation or revocation of a labor certification or material USCIS error. Withdrawing I140 does not affect you as it passed 180 days since approval and it can be used for future extension with any employers.

2. One of the criteria for approving a revocation is revocation of a labor certification, can the employer request  for a withdrawal of a certified labor  when a employee leaves them?

2. Will my H1b be approved if my I-140 is revoked, considering that I have an extension already approved  until May 2020. I assume you are talking about H1 transfer here and if yes, it all depends on your new employer profile and documents your employer  submitting. I did H1 transfer and joined with Receipt and got the approval couple of weeks back.

3. Is it better to join new company once the h1b is approved for the new company rather than joining based of the receipt date, considering the fact that  USCIS has been issuing a lot of RFE's off late for many H1b cases. Many people join with receipt based on their new employer profile and yes, it is up to you to decide and use your judgment. I joined with receipt and got it approved, but it depends on case to case basis.

Appreciate your help.

 

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Thanks a lot for you reply, that cleared a lot of my inhibitions. Just to reiterate point 2 from my previous question, What does revocation of a labor certification mean  in relation to revocation of approved i-140( I-140 EAD/Job Portability.)

Is it revocation of labor certification for the sponsored H1B or for labor of the employment based GC petition. If either of these cases, a company can revoke the labor as they have applied for it? If they do then the I-140 will not be valid any more,  Is my understanding right?

Please clarify, thanks again for you help.

 

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