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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 01-13-2016, 12:33 PM
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Default Approved I-140 with 9th year H1b transfer question

Hi,

I have a question for my particular scenario below:

I am currently on 9th year of my H1b visa. I have Approved I-140 with Priority date of March 2014 from my last Employer A, who have not revoked my I-140 on my request. I left Employer A after 1 year of i140 approval and joined Employer B who filed my H1B extension (based on 140 approval) and got H1B for 3 years ending April 2018.

My question is -
a) can my I-140 be revoked by my employer A (other than basis of fraud or misinterpretation) since my employer A is in talks of merger with other company and employer A company will be dissolved.

b) can i switch jobs to employer C based on my current H1B extension with employer B till April 2018 and valid I-140 approval from employer A?

I know for filing for I-485 when my priority date becomes current I will need a new PERM/i-140 approved with that future employer Z.... But my question is can i keep changing jobs with different employers and continue H1b extensions, if my i-140 with employer A is not revoked?
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Old 01-13-2016, 01:57 PM
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Default

As of now, Employer A can revoke your I-140 anytime and I believe once that happens you wont be able to get H1B extension. If the current regulation in works is approved and published, then revocation wont matter and you can continue to enjoy that I-140. Will your employer A is going to revoke it, only you can know that better than any of us here.

If you move to C, you will have to send a copy of your I-140 and extension will be provided based on that. As long as I-140 is not revoked you can continue changing jobs and use that to get the extensions. However, you should wait for current regulation to first get published so you can retain your I-140 infinitely or file a new PERM/I-140.

Quote:
Originally Posted by Phoenix17 View Post
Hi,

I have a question for my particular scenario below:

I am currently on 9th year of my H1b visa. I have Approved I-140 with Priority date of March 2014 from my last Employer A, who have not revoked my I-140 on my request. I left Employer A after 1 year of i140 approval and joined Employer B who filed my H1B extension (based on 140 approval) and got H1B for 3 years ending April 2018.

My question is -
a) can my I-140 be revoked by my employer A (other than basis of fraud or misinterpretation) since my employer A is in talks of merger with other company and employer A company will be dissolved.

b) can i switch jobs to employer C based on my current H1B extension with employer B till April 2018 and valid I-140 approval from employer A?

I know for filing for I-485 when my priority date becomes current I will need a new PERM/i-140 approved with that future employer Z.... But my question is can i keep changing jobs with different employers and continue H1b extensions, if my i-140 with employer A is not revoked?
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Old 01-14-2016, 01:02 PM
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Default

Thanks wetfeet80. But I remember reading on some forum that your I-140 cannot be revoked (except fraud or misinterpretation) after 180 days have passed. is that correct?

if not, I will wait for the new regulation to be passed and then switch to company C. Thanks for your tips!
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Old 01-14-2016, 01:44 PM
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Quote:
Originally Posted by Phoenix17 View Post
Thanks wetfeet80. But I remember reading on some forum that your I-140 cannot be revoked (except fraud or misinterpretation) after 180 days have passed. is that correct?

if not, I will wait for the new regulation to be passed and then switch to company C. Thanks for your tips!
That 180 days is for I-185. Retaining of PD from a revoked I-140 involves luck. You may get luck and you may not.
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Old 01-14-2016, 02:04 PM
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Quote:
Originally Posted by wetfeet80 View Post
That 180 days is for I-185. Retaining of PD from a revoked I-140 involves luck. You may get luck and you may not.
Phoenix17:

From my limited research, I believe what you said is correct. Once an I-140 is approved, one can keep using it for 3-year extensions with new employers as long as its not revoked under fraud. In fact the only way I-140 can be revoked is if it is deemed as fraud. Not sure about the 180 day time limit.

I am in a similar situation. I have switched from A to B. I don't intend to switch from B to C soon but it would be good to know if I can. I'd appreciate if you can post your findings.

TIA.
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