obscurenessmoon Posted March 10, 2013 Report Share Posted March 10, 2013 Hello everyone: Please advise on the following situation. I have worked for company "A" from 2006 to 2012 on H1B visa. Company "A" filed for my GC and I have an approved 140. Using the approved 140, I have changed my job and started working for Company "B". I now have H1b validilty till 2015. Company "B" will initiate the GC process after a probation period. The immigration lawyer of the company said that I shoulld be able to retain the "priority date" from my approved 140 from previous employer "A" even if "A" withdraws the 140 petition. I am now contemplating to move to company "C" and I have few questions. 1. My H1b is valid till November 2015(using approved 140). If I move to company "C", what will be the duration of my H1b? 2. Can I retain the "priority date" when Company C initiates the GC process? 3. Is there any potential risk in this move to new company? Thank you in advance. Link to comment
obscurenessmoon Posted March 12, 2013 Author Report Share Posted March 12, 2013 Can someone please help? Link to comment
obscurenessmoon Posted March 14, 2013 Author Report Share Posted March 14, 2013 No one? Link to comment
obscurenessmoon Posted March 16, 2013 Author Report Share Posted March 16, 2013 I must have asked a really stupid question. Link to comment
0407 Posted March 18, 2013 Report Share Posted March 18, 2013 New company can file for H1B based on approved I-140 and get 3 year extension at a time. You can retain priority date from old I140 for future GC process as long as USCIS doesn't revoke your I-140 ( this is different from employer revoking, Even if employer revokes, you can retain the priority date) Link to comment
obscurenessmoon Posted March 22, 2013 Author Report Share Posted March 22, 2013 Thank you 0407 for your response. So, I can change jobs any number of time and get extensions based on my approved 140 from first job? This is the part I am not clear. Link to comment
Attorney_25 Posted March 22, 2013 Report Share Posted March 22, 2013 An I-140 approval can be used for an H-1B extension by a different employer as long as the I-140 is not revoked. Link to comment
obscurenessmoon Posted March 23, 2013 Author Report Share Posted March 23, 2013 The 140 petition will be revoked by the first employer for compliance reason. Does that stop me from getting an extension? Also, does that stop me to claim the priority date? I heard, USCIS allows maintaining the PD as long as their is no fraud incidence even if the 140 is revoked by employer. What I am getting from this thread that I should be able to use the approved 140 petition for any number of job change I do. Is my understanding correct? Link to comment
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