H-1B Stamping after I-140 by a different employer

mcsaravanan

By mcsaravanan,
in H1B : 7th Year Extension

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mcsaravanan Newbie

mcsaravanan

Posted
Posted

Hello,

 

I had my I-140 approved under EB3 in Apr – 2010 by company A. My H-1B max out was Oct-2013. In Mar-2013, I joined another company B. The new company filed my H-1B transfer as well as extension using the I-140 which had been filed by company A. Fortunately, both transfer and extension came out without any issues. I got extension for another 3 years. I’ve few questions listed below,

 

1.       In Aug-2013, company A sent a letter to USCIS asking it to withdraw my I-140 as it was Company A’s standard process. Company A confirmed that a request to withdraw my I-140 has been sent to USCIS by them. I checked the status of my I-140 at USCIS site, the status shows that “the previous decision made on your case was revoked and we mailed you a notice explaining the decision”. However, it does not specifically say that it was withdrawn by company A. is this how the reason would be specified usually?

2.       I’ve already stayed in USA on H-1B beyond 6 years. My H-1B max out was Oct-2013. My new I-797 with my new employer is valid till Mar-2016. My visa with the company A in my passport expired in Jul-2013 itself. I’m planning to go to India in Feb-2014. I need to go for visa stamping during my visit to India. Would the withdrawal of my I-140 have any impact on visa interview? Is it safe to go for visa interview?

 

Your help would be much appreciated.

 

Thanks! 

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csrkk Member

csrkk

Posted
Posted

Hello,

 

I had my I-140 approved under EB3 in Apr – 2010 by company A. My H-1B max out was Oct-2013. In Mar-2013, I joined another company B. The new company filed my H-1B transfer as well as extension using the I-140 which had been filed by company A. Fortunately, both transfer and extension came out without any issues. I got extension for another 3 years. I’ve few questions listed below,

 

1.       In Aug-2013, company A sent a letter to USCIS asking it to withdraw my I-140 as it was Company A’s standard process. Company A confirmed that a request to withdraw my I-140 has been sent to USCIS by them. I checked the status of my I-140 at USCIS site, the status shows that “the previous decision made on your case was revoked and we mailed you a notice explaining the decision”. However, it does not specifically say that it was withdrawn by company A. is this how the reason would be specified usually?

2.       I’ve already stayed in USA on H-1B beyond 6 years. My H-1B max out was Oct-2013. My new I-797 with my new employer is valid till Mar-2016. My visa with the company A in my passport expired in Jul-2013 itself. I’m planning to go to India in Feb-2014. I need to go for visa stamping during my visit to India. Would the withdrawal of my I-140 have any impact on visa interview? Is it safe to go for visa interview?

 

Your help would be much appreciated.

 

Thanks! 

Did you get your PERM approved through Company B? if so, nothing gonna happen even Company A revoke your I-140. You are in safe zone.

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