View Full Version : I-140 Approved but company is dying-Urgent Help

07-16-2017, 08:11 AM
Hi, First I'd like to thank you all for reading my post in advance. I have searched and read similar threads on several forums but didn’t find an answer. I find this forum very active and I am so glad to find you reading / sharing your thoughts here.

My 6-year H1b will expire Aug, 2018. My current employer got my I-140 approved earlier this year, however, I was told the company is struggling and cannot afford me… Though I got a nice boss who is supportive if I need any help on the VISA – but the company can only pay me maybe like 1 more month...

I filed EB2 China (3-5 years to wait before my PD to file I-485), but after I talked to a bunch of headhunters and companies, almost all of them (90%) wanted to hire someone with green card already. I am in finance & real estate industry, so Banks (including IBD), Real Estate Developers & PE are where all of my interviews came from.

End of last year, I got an offer from Merrill Lynch. However, their HR told me that my offer didn’t get approved by HR because I have <=3 years left on my H1… They have a hidden company-wide policy that not to hire anyone with less than 3 years left on H1. I fought for this issue with their HR dept. but only got an answer from their legal with the following reason: Company will only consider filing for Green Card after 1 year of working in the company, and at that time, they think there’s not enough time left to file Green Card process, so they decided not to hire…. I knew this is definitely an excuse but they are big company, even my hiring manager was shocked by this and couldn’t do anything about it. They just not willing to change even after I had my I-140 approved.

What really frustrates me is after knowing this “hidden policy” is not the sole product of this bank, both Capital One, Citi Bank have the same policy (these 2 are confirmed by my friends who work there; JP Morgan might have something similar but I’m still not sure). It is most likely an industry-wide issue. If this is true, that means there’s little hope for me to get in any of them…

1. I need to find opportunities in other industries who sponsor H1b transfer and Green Card, any idea where? I am Financial Analyst in Real Estate for 5 years; strong in Financial Modeling, experienced in doing transactions but no coding work experience like SQL or Java etc.
2. Are there other ways to save my H1 time or Green Card? I’ve spent 5 years on this, really hard to just give it up.

07-25-2017, 02:14 PM
As far as I know, potential new employers can use your approved i 140 and extend your h1 for 3 years as part of h1 transfer process. They can take time and file gc again after 1 year using extended h1. So I don't understand why they are hesitant to hire someone with i140 approved.

Experts, pls clarify if I'm wrong


08-03-2017, 03:56 PM
Thank you vvssivakumar,
I just got know it is possible for me to transfer and extend the H1b 2 weeks ago as new adjustments rule approved Jan this year. You are right on the extension, but it will only apply to any employee who has I-140 approved for more than 180 days with the current employer. After that, the employer can extend the H1 every 3 years with no limit. I talked to multiple attorney to confirm this.
However, when I got the offer from Merrill Lynch at that time I haven't had my I-140 approved yet. So that offer definitely gone now since it's 6+ months ago. But as I just passed the 180 days of I-140 approval several days ago, according to the new rule, I should be able to transfer my H1b and get extended via new employer.
The only risk is that, since this is new rule, I am not sure how corporate's legal department view this and really take it into practice. As you can see, even their old rule: "No sponsoring any H1b transfer if there's less than 3 years left" does not make much sense either. I just don't know how much better this rule will help on my situation - anyway, I have started talking with some recruiters and going to interviews. Finger crossed hiring companies won't too picky on my VISA status.
Thank you very much for your advice and info.