raghukreddy Posted July 10, 2014 Report Share Posted July 10, 2014 HI JoeF/Belle My Company applied my labor & I-140 in 2011 & got approvals for both . Recently my company moved its operations to CA from NJ. Now , Employer& lawyer are saying that we need to file new labor & I-140 for my case. Here my question are 1)Is it really need for company to do new labor for all its employee , If it moved to CA state from NJ state? 2) My H1b 6 years period already expired & My H1B renewal need to file in Apr 2015. Now, Can I use my old ( labor & I-140 ) approvals which were filled in NJ to get my H1b extension. Thank you, Raghu... Link to comment
JoeF Posted July 10, 2014 Report Share Posted July 10, 2014 The LC needs to specify the work location. Also, the prevailing wage may be different. So, yes, there need to be new LCs, and that means everything starting from scratch. Link to comment
raghukreddy Posted July 11, 2014 Author Report Share Posted July 11, 2014 Thank you lot JoeF, If they start from scratch my GC process, Can I use my old ( Labor & I-140 ) approve to get my 8th year H1B extension OR Do I need to wait for new Labor approval? Could you please let me know? Thank you, Raghu... Link to comment
raghukreddy Posted July 15, 2014 Author Report Share Posted July 15, 2014 Hi JoeF/Belle. Could you please let me know? Link to comment
raghukreddy Posted July 15, 2014 Author Report Share Posted July 15, 2014 Hi JoeF, If they start from scratch my GC process, Can I use my old ( Labor & I-140 ) approve to get my 8th year H1B extension OR Do I need to wait for new Labor approval? Could you please let me know? Link to comment
raghukreddy Posted July 23, 2014 Author Report Share Posted July 23, 2014 any update JoeF Link to comment
JoeF Posted July 23, 2014 Report Share Posted July 23, 2014 Hi JoeF, If they start from scratch my GC process, Can I use my old ( Labor & I-140 ) approve to get my 8th year H1B extension OR Do I need to wait for new Labor approval? Could you please let me know? The PD can be reused, but the old I-140 can probably not be used for an H1 extension, since the I-140 would have to be revoked, with the job at the old location no longer existing. Link to comment
chakrakr Posted July 23, 2014 Report Share Posted July 23, 2014 The PD can be reused, but the old I-140 can probably not be used for an H1 extension, since the I-140 would have to be revoked, with the job at the old location no longer existing. Unlike H1, there is no law which says 140 need to be revoked if employee move to a different location OR quit. It is up to employer if they want to revoke 140 but again, no law force them to do that. Link to comment
JoeF Posted July 23, 2014 Report Share Posted July 23, 2014 Unlike H1, there is no law which says 140 need to be revoked if employee move to a different location OR quit. It is up to employer if they want to revoke 140 but again, no law force them to do that. The job as specified in the LC does no longer exist, hence the I-140 is invalid. Link to comment
raghukreddy Posted July 23, 2014 Author Report Share Posted July 23, 2014 Thank you JoeF/chakrakr My employer is saying that he is not going to revoke my old-140, But because of company move. they are doing my GC process from scratch. We don't know how much time, it takes to get approvals for new Labor & I-140. meantime my H1B is going expire . Can I use my old ( Labor & I-140 ) approval to get my 8th year H1B extension OR Do I need to wait for new Labor approval? Link to comment
chakrakr Posted July 24, 2014 Report Share Posted July 24, 2014 The job as specified in the LC does no longer exist, hence the I-140 is invalid. Irrelevant. As long as the 140 is not revoked, it can be used to extend H1. See this -- http://www.murthy.com/2014/01/20/i-am-in-my-6th-year-of-h1b-status-i-have-an-approved-i-140-from-my-previous-employer-but-i-havent-yet-been-able-to-file-an-i-485-my-current-employer-hasnt-yet-filed-a-green-card-case-for-me-ca/ OP can use the old 140 for H1 extension. Link to comment
chakrakr Posted July 24, 2014 Report Share Posted July 24, 2014 Also see this --- http://www.murthy.com/2008/01/18/ac21-frequently-asked-questions-july-2012-update/ -- Specifically -- Question 6. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? No. Unlike the H1B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. Many employers do not withdraw I-140s upon employment termination. Link to comment
raghukreddy Posted July 29, 2014 Author Report Share Posted July 29, 2014 Thank you chakrakr Link to comment
saip78 Posted August 10, 2014 Report Share Posted August 10, 2014 hi Raghu...can u let me know wot u did finally to extend the status. Link to comment
raghukreddy Posted August 26, 2014 Author Report Share Posted August 26, 2014 Hi Saip78, Still working on it. I will update you here raghukreddy gmail Link to comment
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