Query Regarding the I140 with a new Employer

[Harshini.A]

Hi,

I'm working with an Indian Company ABC and was on a H1B deputation from 2014-2020, however my GC process was not initiated on time due to the corporate approvals, so I got my Perm filed through different company XYZ in Oct 2019 and got approved in March 2020 , I was about to transfer my H1B to the new company XYZ who filed my perm but unfortunately it was the Covid Period and I couldn't get any interview scheduled during that period.

As my H1B tenure was about to complete in July 2020(left 2 days before the H1B expiry date), I had to travel back to India and still working with the company ABC, after coming to India XYZ company who filed my Perm also applied for I140 and I got that approved in Feb 2021, later I moved to UK in Sep 2021 and still working in UK with my initial company ABC. Now my Company ABC wants to file a new H1B which will go through the lottery process.

Question: If my new H1B gets picked up in the lottery, How can I use my approved I140 that was filed by company XYZ based on my old H1B that expired in July 2020.

Can the new H1B be linked with my approved I140, what are my options?

If I apply for new H1B with ABC company(My employer from last 10 years), will it impact my I140 that was filed by XYZ company for whom I never worked.( note: Since I140 is for future employment, I never joined the XYZ company)

[Harshini.A]

Dear Moderator,

Request you please approve my post

[Harshini.A]

Dear Moderator,

Request you please approve my post

[Harshini.A]

Any advise on the above query please?

[Attorney_22]

On 12/23/2023 at 5:20 AM, Harshini.A said:

Hi,

I'm working with an Indian Company ABC and was on a H1B deputation from 2014-2020, however my GC process was not initiated on time due to the corporate approvals, so I got my Perm filed through different company XYZ in Oct 2019 and got approved in March 2020 , I was about to transfer my H1B to the new company XYZ who filed my perm but unfortunately it was the Covid Period and I couldn't get any interview scheduled during that period.

As my H1B tenure was about to complete in July 2020(left 2 days before the H1B expiry date), I had to travel back to India and still working with the company ABC, after coming to India XYZ company who filed my Perm also applied for I140 and I got that approved in Feb 2021, later I moved to UK in Sep 2021 and still working in UK with my initial company ABC. Now my Company ABC wants to file a new H1B which will go through the lottery process.

Question: If my new H1B gets picked up in the lottery, How can I use my approved I140 that was filed by company XYZ based on my old H1B that expired in July 2020.

Can the new H1B be linked with my approved I140, what are my options?

If I apply for new H1B with ABC company(My employer from last 10 years), will it impact my I140 that was filed by XYZ company for whom I never worked.( note: Since I140 is for future employment, I never joined the XYZ company)

It is not necessary to go through the H1B lottery when you have an approved I-140 and the priority is not yet current. You can use this I-140 as a basis for an H1B. This is true even when the I-140 is with a different company than the one sponsoring the H1B. However, you should speak with a U.S. immigration attorney to discuss your long-term plans regarding the green card.