Change of employer after I-140 approval - In a dilemma

[ursjanpal]

Hello Experts,

My H1-B visa is valid till 09/30/2015, a 3 year extension was given following the six year H1-B period, based on an approved I-140. I am thinking of changing my employer now and my green card process (PERM/Labor) would be started after 1 year as told by the new company. Assuming I join my new employer by middle of March this year, my PERM won't be started until March 2015. Nowadays, PERM takes on an average 6-8 months, which means it won't be approved until November 2015, if filed in May 2015. But an extension of my H1B visa needs to be filed well before 09/30/2015. On what basis will I get an extension from USCIS?

The new company has also told that they will port my I-140 priority date, which is 04/03/2011 when the time comes after approval of PERM. What if my previous employer revokes my I-140. Can they do this? I have heard that once an I-140 is approved, it belongs to the employee unless USCIS revokes it due to some fraud or misinterpretation.

Appreciate your response on this.

[jairichi]

Hello Experts,

My H1-B visa is valid till 09/30/2015, a 3 year extension was given following the six year H1-B period, based on an approved I-140. I am thinking of changing my employer now and my green card process (PERM/Labor) would be started after 1 year as told by the new company. Assuming I join my new employer by middle of March this year, my PERM won't be started until March 2015. Nowadays, PERM takes on an average 6-8 months, which means it won't be approved until November 2015, if filed in May 2015. But an extension of my H1B visa needs to be filed well before 09/30/2015. On what basis will I get an extension from USCIS?

The new company has also told that they will port my I-140 priority date, which is 04/03/2011 when the time comes after approval of PERM. What if my previous employer revokes my I-140. Can they do this? I have heard that once an I-140 is approved, it belongs to the employee unless USCIS revokes it due to some fraud or misinterpretation.

Appreciate your response on this.

If employer does not revoke I-140 then based on that 3 year extensions can be requested.

Even if previous employer revokes I-140 you can still retain priority date.

[ursjanpal]

Thanks Jairichi for the response. Assuming my previous employer revokes my I-140 and I can still retain the priority date, what happens to my extension of visa?

[jairichi]

Thanks Jairichi for the response. Assuming my previous employer revokes my I-140 and I can still retain the priority date, what happens to my extension of visa?

Will be denied if I-140 is revoked before extension approval. You would need to go under cap again.

[vpatel]

I have few similar question, I too have approved I-140 and my H1 expires in 09/30/2015. Please help if you know the answers.

 

- If I change the employer, will I get a three year extension with my new employer based on my approved I-140 from current employer? Or I will get extension till the time I have a client letter for from new employer?

- Does approve I-140 mean I will get extension for 3 years now even if I change the employer? or it will still be based on project letter from the client?

[ursjanpal]

Thanks Jairichi. So in a nutshell, if my current employer revokes my I-140, I can still continue working till the validity on my H1-B with my new employer and my new employer needs to initiate the PERM process again before 09/30/2015, which is the end date of my H1-B (3 years extension period  after 6 years)

 

So, based on what criteria will my H1-B visa be extended beyond 09/30/2015, is it the till the end date of the duration of my project at a client site?

 

I consulted an immigration attorney recently regarding this and this was told that as per "Aytes memo of Dec. 27, 2005, an I-140 is no longer valid for porting purposes when an I-140 is withdrawn" This however contradicts many of the experts here, as far as I know by reading the forum messages, even if an I-140 is withdrawn, an employee can retain the priority date. Any light on this would be much appreciated?

 

 

[ursjanpal]

Thanks Jairichi for the response. So essentially in a nutshell, if I change my employer, my new employer can port the PD from my approved I-140, and this stays the same even if my I-140 is revoked. But the transfer of my H1-B visa needs to be done before I-140 gets revoked and an extension of my H1-B validity period beyond 09/30/2015 is dependent on a new PERM filing by my new employer well before 09/30/2015.

 

So, on what basis will I get an extension of H1-B after 09/30/2015, is it the end date of my project with a specific client?

 

I also managed to consult an immigration attorney and this is what he said "Under the Aytes memo of Dec. 27, 2005, an I-140 is no longer valid for porting purposes when an I-140 is withdrawn"

ts, please help.

This however contradicts the fact that I-140 belongs to an employee even if it gets revoked. Experts please help

[ursjanpal]

Will be denied if I-140 is revoked before extension approval. You would need to go under cap again.

 

Thanks Jairichi. So in a nutshell, if my current employer revokes my I-140, I can still continue working till the validity on my H1-B with my new employer and my new employer needs to initiate the PERM process again before 09/30/2015, which is the end date of my H1-B (3 years extension period  after 6 years)

 

So, based on what criteria will my H1-B visa be extended beyond 09/30/2015, is it the till the end date of the duration of my project at a client site?

 

I consulted an immigration attorney recently regarding this and this was told that as per "Aytes memo of Dec. 27, 2005, an I-140 is no longer valid for porting purposes when an I-140 is withdrawn" This however contradicts many of the experts here, as far as I know by reading the forum messages, even if an I-140 is withdrawn, an employee can retain the priority date. Any light on this would be much appreciated?

[pontevecchio]

Did you pay the Lawyer for advise? H1 extensions are based on project ending  which only applies in case of consultancies and layers . Second guessing a Lawyer needs another lawyer. No such rule. USCIS interpretation is that the PD of an approved I-140 is available for a subsequent filing in the absence of fraud. Did you actually pay a Lawyer or ask online? I suggest the firm of Murthy as a suitable one to keep on retainer during your journey.

[Chandra_108]

Experts,

 

I need your help for below situation.

 

I am on H1 B in 9^th year and 140 is approved with my current company. I got offer from new company and they are ready to file  H1 transfer in premium and GC after 3 months.

My current company is going to revoke 140 as soon as I leave the current company.

My question is if current company revoke 140 will I be able to use my PD with new company 140?

There is some new about

BIA Decision Brings Uncertainty to Priority Date Retention After I-140 Revocation

Is this going to impact my OD on new company 140? 

[ajayraghuwanshi]

Using an existing approved I-140, can a H-1B be renewed any number of times, with new/multiple different employers, even without restarting any paperwork for GC with the new employer?