I140 Approved and Change of Employer

[surendhra1]

Hi,

I have I140 Approved with Company A on April 2011 and PD is Oct 2010. I Have changed my employer and got H1 extension till 2014. I have recently contacted my Company A to continue on GC process but they told me that they sent letter to USCIS to with draw GC Process.

My question is how do I know if he really revoked or not. I want to start process my GC with Company C.

I am now in 6th Year of my H1.

So Please let me know if I transfer my H1 now to company C. What are the chances that I will get extension?

[pontevecchio]

Even if the I-140 is revoked the H1 extension you got stands. But subsequent to revocation you will not be entitled to further extensions.

[pkmr]

I'm on the same situation. Assuming that my current employer will start the GC process soon, please let me know

- if I can still retain the PD from previously approved (and recently revoked) I-140?

- Can i go to India for stamping? My I-797 will be valid till 2014, however the I-140 based on which the extension was granted has been revoked.

[pontevecchio]

"- if I can still retain the PD from previously approved (and recently revoked) I-140?"

Yes. In the absence of fraud. You can retain the PD for a subsequent I-140 filing based on a new PERM Approval.

" Can i go to India for stamping? My I-797 will be valid till 2014, however the I-140 based on which the extension was granted has been revoked. "

Yes. But the same rules apply for H1 visa stamping, I-140 or no I-140. You need proof of valid status etc.

[pkmr]

Thank you. I'm planning to go for stamping in Chennai consulate. My 797 is valid till 2014, but i'm on my 7th year of H1B and I don't have a valid I-140 approval (approved and then revoked). Only hope is I work as a fulltime employee for direct client.

It has been more than 4 years since I went to India. So frustrated :-(

[Attorney_15]

Many people are experiencing problems and considerable delays in trying to get H1B visas issued. This happens even when one does not expect to have any problems. One may wish to consult with an attorney to determine whether if it is legally necessary to travel abroad as the possibility that one will experience delays in getting a visa issued in India is significantly higher than it used to be.

[hmelone26]

Thank you. I'm planning to go for stamping in Chennai consulate. My 797 is valid till 2014, but i'm on my 7th year of H1B and I don't have a valid I-140 approval (approved and then revoked). Only hope is I work as a fulltime employee for direct client.

It has been more than 4 years since I went to India. So frustrated :-(

There is notthing to worry about ... I am exactly in same situation. ..I don't even have the receipt number of i-140 .. as I was working for a desi consulting firm....

I went to Mumbai consulate in Jan 2012 . I got my my visa stamped...

Just be confident ... and don't lie ... you will get the VIsa.....

[pkmr]

Thanks for your response. That gives me more confidence. Can you please share this information -

1. Do you know if your previous I-140 was revoked?

2. Were you on 6+ years of continuos stay in US?

3. Has your current employer filed PERM?

4. Was that your first time H1B stamping?

Thanks a lot!

[hmelone26]

Please see my answers below .. Also let me tell you one thing ..

There is no connection bewteen I-140 & H1B for Visa stamping . even the VFS website does not mention that I-140 is required for stamoing .. Its your fear in your mind ..

So again the bottom line is ... "BE CONFIDENT & Don't LIE about anything ... "

else you will get nervous @ intervew and that will raise the red flag...

Thanks for your response. That gives me more confidence. Can you please share this information -

1. Do you know if your previous I-140 was revoked?

--- Typical answer from Desi consultant ... We have revoked it ....

2. Were you on 6+ years of continuos stay in US?

---Yes

3. Has your current employer filed PERM?

---Not Yet

4. Was that your first time H1B stamping?

---- This was my 3rd Stamping.... Although it was not renewal case as last Visa had expiy date was more than 12 months back....

Thanks a lot!

[swamkrishna]

Thank you. I'm planning to go for stamping in Chennai consulate. My 797 is valid till 2014, but i'm on my 7th year of H1B and I don't have a valid I-140 approval (approved and then revoked). Only hope is I work as a fulltime employee for direct client.

It has been more than 4 years since I went to India. So frustrated :-(

Hi Pkmr, 

 

I know this is a old post. But i am planning to visit india this year and exactly in your situation. I have I94 till 2016, but my previous employer revoked my I140. Did you go for stamping and got stamped? had any issues, please let me know.