regsuraj Posted May 11, 2016 Report Share Posted May 11, 2016 Friends - I am struggling with answers to certain questions after lot of research. Will really appreciate any insights from folks who have themselves gone through such a scenario or have friends who have faced similar scenario. My current immigration situation is as follows: + I lost my job (layoff) at Company A on 15th April 2016 with immediate effect + I had an H-1B from Company A (valid until Nov 2018) which has already been revoked by Company A + I had an approved I-140 from Company A which they will revoke – The letter for the same has already been sent by Company A to USCIS on 15th April 2016. The USCIS site does not show that the I-140 is revoked yet + I have already completed 6 years on my H-1B (even after removing days I was outside US) + I have found a new job with a Company B (a multi-national company) + After getting approved LCA, the Company B’s lawyers plan to file for my H1 transfer (under premium processing) using the copy of my existing I-140 (most probably H-1B will be filed by 16th May 2016) My Questions: + Based on your experience, do you know how long it will take for USCIS to revoke the existing I-140 for which Company A has already sent a letter? + In your experience, do H-1B transfers always get denied if the I-140 is revoked? I am asking because I did not find “any” cases online wherein people have either reported successful or unsuccessful H1-B transfers after I-140 revocation. + Do you have any tips which I should follow or know to help reduce the risk of my H1-B transfer getting denied if my previous I-140 gets revoked while my H-1 transfer is in progress? + If H-1B transfer gets denied due to I-140 revocation, how many days will I have before I can leave US for good? — NOTE: my previous I-94 is valid until Nov-2018 + My wife’s EAD (valid until Nov-2018) was based on my approved I-140 and previous H-1b. I understand that EAD can be revoked by USCIS at their discretion if I-140 is revoked. Therefore, if my H-1B transfer goes through successfully and I-140 is not explicitly revoked by USCIS, will my wife be able to work on her existing EAD? Link to comment
jayshah2016 Posted June 28, 2016 Report Share Posted June 28, 2016 hi i am in the same boat. can you please update if you get any response and any luck with your case. thanks. Link to comment
ajayraghuwanshi Posted July 1, 2016 Report Share Posted July 1, 2016 Hi Experts, can someone please reply to above questions?? Link to comment
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