H1b transfer based on I-140


alpsds1980

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Hi,

I am in 6th year of my H1B, my visa is expiring on Sep 15th 2013 and i have just got my I-140 approved 2 days back.

Now I have a good offer from some company and looking to get my visa transferred immediately.

My questions are -

1. If i get my visa transferred, will the new visa validity be till Sep 15th 2013 or will i have full 3 yrs of extension based on current employers I-140?

2. AFAIK an employer can revoke your I-140 if you change job within 180 days of receiving I-140 approval. So what can be the potential issues i face if i get my visa transferred and my employer revokes my I-140 immediately?

3. Will i retain my priority date on old employers PERM?

4. Will i face any issues / RFEs in future employers GC processing?

Thanks for the expert advice

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Hi - I understand that once your I-140 is approved, the Priority Date is yours to keep.

I also believe (from researching on the net and some attorneys) that once your I-140 is approved, you are eligible to upto 3 years of extension, even with a new employer.

I would like to know

a) What if the old employer does not revoke the I-140?

b) What if the old employer REVOKEs the I-140? (can I still apply for the 3 year extension via new employer?)

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1. 3 years if the H1 petition qualifies otherwise.

2. A wrong statement. An employer can revoke the I-140 the next day after approval. Once the H1 transfer goes through before the I-140 is revoked the H1 petition stands approved till the expiry, though further extensions based on that I-140 are not allowed.

3. Since when has changing jobs been a crime/?

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For everyone looking for answers to my question - I just talked to my attorney and this is what he said -

1. I can get full 3 yrs extension on my visa after having approved I-140.

2. Yes, employer has the right to revoke my I-140 if i get my visa transferred within 180 days of getting I-140 approval. But that doesnt affect me because i already have 3 yrs extension. Whatever is changing is changing on my old employers side, my I-140 is revoked or not will absolutely not affect me in any way. I am no where at loss, so i can get my visa transferred immediately after getting I-140.

3. I will always retain my priority date no matter what. However there are a couple of scenarios when my PD can not be retained. I just read this on PD portability -

The USCIS, in the Adjudicator's Field Manual, at Chapter 22.2(b)(5)(A)(5), makes it clear that only a revocation based on a finding of fraud or misrepresentation results in a loss of the priority date:

Please read this article from the immigration attorneys - http:**************.html

4. Absolutely not. The new employer's GC process is no way related to old employer. It is completely a new thing and will be taken as a new file.

Thanks

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@surrational -

once you have your I-140 from employer A, and you join employer B (with 3 yrs extension based on employer A's I-140), you will again have to get your GC started through employer B from the PERM process. Once you have your I-140 approved through emplyer B, only after that you can get 3 more yrs of extension with employer B. You cannot get 3 yr extension with employer B's visa again based on employer A's I-140. The only thing gets carried over from employer A to employer B is your PD nothing else.

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