Change of Employer - I-140 Withdrawal – Priority Date Retention

[Dinu464]

I have some very specific question, I have gone through many forums, but answers are conflicting so I want to be sure for myself, please throw your comments

1) Approved I-140 with Employer A –on H1b (7^th year), transfer to Employer B based on I-140 Will I get H1b extension for 3 years?

2) Employer A withdraws (not revoke) the previously approved I-140, Employer B applies for green card again from scratch after I work them for 1 year, now can I retain my PD with the new GC?

3) Visa Stamping H1b through employer B, will I-140 withdrawal by company A have any effect on H1b stamping (i.e.) is it necessary to have a valid I-140 for 3^rd time stamping?

[Dinu464]

Any Response here please

[PrasthSiri]

Dinu,

Don't take me wrong most of us do like you browse through diff forums and gets confused. some times even we take attorneys advice its go wrong, i can give one example about porting 140 date most of the people say you can port, some say cannot. i have been through your situation. so when time comes we have to check our luck. and in case if we cannot we have to take help of good attorney to get that done, i see some people have success in that. coming to your questions

1 - if B is good american company offering FTE ( not consulting ) and if they ask for 3 yrs based on ur A 140 chances are high, i got 3 yrs

2 - employer cannot with draw since its already approved, he can revoke and rest is explained above

3 - i dont think it will effect, this is my guess as i am in the same situation.

Think twice whether job change is really worth now, as dates are moving and get all your questions clarified now with B.

[MVG]

Indspg, I have a question on H1B extention of 3 years based on I140. In order to get 3 years of extention, does I140 have to be 6 months old ? Is there any rule/law like that ? OR any recent I140 approval is also likely to get 3 years H1 extention ?

[Dinu464]

thank you for your response, Appreciate it.

Yes I am looking for FTE, so hope everything does fine.

With regards to withdrawal, I believe employer can do it (withdraw an approved petition). He cannot revoke that's my understanding as revoke means -misrepresentation/fraud

[PrasthSiri]

MVG - i don't think any time line to wait to get 3 yr extension,as long as approved we should get, mine was very recent. at the time of transfer processing, I140 should not be revoked. in another words with revoked 140 we cannot get extension.

Dinu, to my understanding when 140 is under processing then they can with draw, in our scenario's companies will revoke since we are no longer with company, there is no need to hold our 140, so they simply revokes, this will not comes under misrepresentation / fraud.

All the best for your new FTE Job.