H1B extension with cancelled I140

[techluver07]

Hello,

lets say I have I140 approved with company A and completed 6 years in H1B.

then I join company B now and get 3 extension on H1B which is valid till 2014. If company A cancels my I140 between now and 2014 and company B has not started my GC processing, Can I still use the cancelled I140 from company A to get another 3 yr extension after 2014 with company B?

[veni001]

I believe one need to have a valid i140 get extension based on that petition.

[kalls23]

I don't think you can extend if I140 is cancelled.

I am not an attroney and have limited knowledge in this subject. Let us wait and see what others are saying.

[techluver07]

Thanks guys for the reply.

how can we find out if I-140 is cancelled or not? does USCIS website provide that service?

[veni001]

You can check with i140 receipt/case number

https://egov.uscis.gov/cris/Dashboard.do

[techluver07]

Thanks again. few more question.

1.If I want to port I-140 PD from company A(EB3) to company B(EB2),

Should both job description match? or PD porting can be done any job title in the new company?

2. Lets My GC process in progress(I140 approved), If I get promotion with job title change(associate to senior associate or associate director or director etc),Will I have to start new GC process because of promotion & job title change?

[techluver07]

Kindly someone please respond.

[veni001]

Thanks again. few more question.

1.If I want to port I-140 PD from company A(EB3) to company B(EB2),

Should both job description match? or PD porting can be done any job title in the new company?

2. Lets My GC process in progress(I140 approved), If I get promotion with job title change(associate to senior associate or associate director or director etc),Will I have to start new GC process because of promotion & job title change?

Q1. No,JD match is not required for PD porting.

Q2. No,unless the new position JD is significantly

different( more than 50%) original PERM JD

[powerloop]

Originally posted by techluver07:

Hello,

lets say I have I140 approved with company A and completed 6 years in H1B.

then I join company B now and get 3 extension on H1B which is valid till 2014. If company A cancels my I140 between now and 2014 and company B has not started my GC processing, Can I still use the cancelled I140 from company A to get another 3 yr extension after 2014 with company B?

From what I Know: You need to have an approved I140 to file for a 3 year extension/ planning to use I140 to file for H1b with the new company .

and once you get the approval for the H1b with your new company, I think you should be ok even if the earlier company decides to cancel your 140, I think you can still port the date.

But, again you need to make sure that your 140 is not cancelled before the H1b transfer to avail 3 year extensions after your 6th year of H1b and after the transfer it should not matter.