Current H1b denied I94 valid till 2020 I140 Approved am I out of status or can a new employer file my H1b, Yes we - Answered by a verified Immigration Lawyer. I have been advised to wait till the approval comes through. As long as you have one I-140 approval and it is not withdrawn for over 180 days, then you can use that for getting 3 year extensions/ transfers. And I can go to a new employer and the new employer files for H1B extension based on I 140 from previous employer. I had filed for H1B transfer in Jun 08. the foreign national has a pending or approved Labor Certification or I-140; and. There are new H1B folks here and my guess is that your knowledge is limited on what is going to come next with respect to Green Card Process. 2045) now has rules that enable valid H1B visa holders to change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission. H1B Employer-Employee Relationship Rule How the rule affects H1B visa sponsorship and filing this year The U. F-1 visas are reserved only for those. We recommend using a of an H4 experience immigration lawyer to help. The I-797, Notice of Action clearly provides the following language: The Petitioner should keep the upper portion of this notice. Since B1/B2 is a non-immigrant visa the ‘intent to immigrate’ that my I140 suggests, makes it …. Q: After my I-140 was approved, I filed my I-485. Hello, I am India right now. I-140 is tied to employer and its job offer. WASHINGTON – United States Citizenship and Immigration Services (USCIS) is instituting new procedures for filing a Petition for Alien Worker (Form I-140) that requires an approved labor certification application. I140 approved but H1B extension denied ? Hi , My H1B extension got denied today. What a pleasant and smooth process!. You can always come back provided you have a cap-exempt H1b approved with the (new) employer. H4 Visa gets EAD if H1B I-140 is approved ( and / or) H4 visa gets EAD of H1B is extended beyond 6 years using AC21. This implies that about 30,000 new I-140 applications are approved per year from H1B workers. According to firm, by issuing a short-term approval, the agency is actually partially denying the H1B visa by not giving them the approval for the full duration requested. The only thing it isn't valid for is when it comes time to file for I-485. This blog covers FAQs and H4 EAD updates on a daily basis. The common scenario is as follows: Raj works for a company A, Company A has obtained an approved form I-140 based on an approved labor certification. Now i had to change my employer last month. You can use the withdrawn i140 to port your date and extend H1B. BTW you are cap exempt from H1B for 6 years since your last approval, so you can always come back under that. Citizenship and Immigration Services (USCIS) created a rule that allows "concurrent filing" of the I-140 Petition for Alien Worker and the I-485 Adjustment of Status Application (green card application). The Office of Management and Budget (OMB), on December 22, 2015, finally approved this rule which was proposed by the US Department of Homeland Security (DHS) in November, 2015. If it’s a similar position and location, they would be able to reuse the LCA and save some time. My end client is offering me a full time position of the same role. My questions are below. I-140 petition is the 2nd step in a 3-step process for employment based green card. My wife is on H4 with EAD. Thanks to the approved I-140 Raj obtains another extra three years on his H1B. I already have completed 6+ years on H1 with I-140 approved from previous employer. H1B Visa Extension Rule Changes Mean Tougher Approval The H1B non-immigrant work visa continues to attract the attention of the Trump administration, and even without any new legislation there is wave of new rules and regulations. H1B Transfer with Withdrawn i140. I am affected by layoffs in my current employment, i have around 30 days notice period before separation. Since his I-140 was approved, we predict that his family will be able to get their green cards soon. Visitor Visa (B2 Visa) For foreigners living in USA who want to bring their parents and relatives to visit them in USA, here is a step-by-step process to sponsor their US visitor visa. Form I-140, Immigration Petition for Alien Worker, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant - Employment Based Form I-526, Immigrant Petition by Alien Entrepreneur Count of Approved Petitions as of April 20, 2018 with Priority Date On or After May 2018 Department of State Visa Bulletin. Along with this you can also apply for three year H1B extension with an approved I140. Can I leave and re-enter the US during the validity of my current visa, i. Will my I-140 application affect my future application for F-1 status? A: Yes, because you demonstrate immigrant intent through your I-140 application. H1B portability rules allow H1B workers to change employers and begin working for the new employer as soon as a new H1B petition is filed with USCIS. Provided that the applicant was at the time of the approved I-140 petition ineligible to apply for adjustment of status, he or she will be granted a three-year extension of H1B status. Can a company B apply for a cap exempt H1 based on my approved I140. It is permissible for an employer to file H1B extensions after 6 years on H1B status, even before the LC or I-140 petition has been pending for at least 365 days. I have an approved I140 with company A. My new employer has given me a !-797 H1B approval. I am in the 5th year of my H1B (expires in mid-2018). The process of filing the H4 EAD is not very complicated, however, it is a new law and H4 visa holders might need help. Similarly, for beneficiaries with approved I-140 petitions, USCIS will approve the 3-year H1B extensions until a final decision of the I-485 is reached. Question: I was on H1B for 8 years before my H1B extension was denied. Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or Have been granted an extension of their authorized period of stay in the United States under AC21. H-1B Extensions will be issued in 1 year increments until: 1) The PERM petition is denied, or if the PERM is approved until the I-140 is denied. You can start working using H1B once it is approved and not on h1B receipt as you are moving from H4. Step 2: File Form I-140. The filing address depends on whether you are filing Form I-140 by itself or with another form. (Note that if the sponsoring employer withdraws the I-140 before 180 days have passed since the date it was approved, it can no longer be used for purposes of extending H1B status. I am on H1B with an I140 petition approved. Form I-129, Petition for a Nonimmigrant Worker, Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 edition only), and A copy of their previously approved Form I-129S. Similarly, for beneficiaries with approved I-140 petitions, USCIS will grant H1B extensions - in a maximum of 3-year increments - until a final decision is made with regard to their I-485 applications. Along with this we can apply for H1B extension based on the approved I140. Unfortunately, he was laid off recently, and his last paycheck will be Aug. You can use withdrawn i140 to port your Green date to new employer by filing a new PERM and i140. During the appeal period for the denial notice, Can I do an H1. , or how lang the I-140 petition has been approved. The I-797, Notice of Action clearly provides the following language: The Petitioner should keep the upper portion of this notice. The continued validity of an approved I-140 under these circumstances would provide two notable benefits. Currently i am waiting for my employer to receive the denial papers. The filing address depends on whether you are filing Form I-140 by itself or with another form. In that case, the employee can continue to use the labor certification and/or the approved I-140 to become a permanent resident as long as the new job is in the "same or similar occupation. H1B visa status can be stretched out past 6 years if a remote national is the recipient of a PERM appeal to or I-140 request of that was recorded more than 365 days back. During the appeal period for the denial notice, Can I do an H1. Thanks to the approved I-140 Raj obtains another extra three years on his H1B. Attorney says we can try apply to recoup those 9 days. I have an approved I-140. On 10th May 2013 I checked online my EB2 I140 got approved. I got my first approved I140 in June 2010 with previous employer and it is still valid. a) Yes, they can file it based on the H1B as well as approved I-140. Table B provides data on the approval and denial for the E-12 classification (Outstanding Professor or Researcher) of the Form I-140, Immigrant Petition for Alien Workers. First of all, an H1B worker could continue to use. Changing Jobs after I-140 Approval. How many times can we apply for H1B extension, is it only. Along with this we can apply for H1B extension based on the approved I140. the Labor Certification or I-140 was filed at least 365 days before the end of the sixth year or the requested H1B. Since his I-140 was approved, we predict that his family will be able to get their green cards soon. Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or Have been granted an extension of their authorized period of stay in the United States under AC21. Here's Next Steps After H1B Visa Approval by USCIS - From I797 Approval Notice, Visa Stamping, Travel to the USA. H1B Transfer with Withdrawn i140. Once your PERM Labor Certificate is approved, your employer will file a Form I-140 - known as Immigrant Petition for Alien Worker - on your behalf. The continued validity of an approved I-140 under these circumstances would provide two notable benefits. I was waited till April 2013 and return back to India with my family (my wife also resigned ) due to uncertainty/waiting time. No need for I-140 approval from new employer. New Delhi: The US has approved a higher number of H-1B applications (both for initial visas and visa extensions for continued employment) in 2019. Raj works for a company A, Company A has obtained an approved form I-140 based on an approved labor certification. To transfer H1B visa the Form I 129, Petition for Non Immigrant Worker should be filed by the new employer. In FY19, the percentage of applications approved with RFE amounted to 65. The new #immigration policies effected an increase in the level of scrutiny during the H1B #visa. Downloads H1B/H4 Visa Templates. H4 Visa gets EAD if H1B I-140 is approved ( and / or) H4 visa gets EAD of H1B is extended beyond 6 years using AC21. Do we have to file for a new prevailing wage document for 3 year H1B renewal based on approved I-140. And since my I140 will be invalid with the new employer, I may lose my status. I am changing jobs, and I am wondering what will be the expiration of my new H1b 797 document. As everyone was waiting since long to hear something positive about this rule, we are here with this great news. NEW POLICY ADDRESSING LONG PENDING CASES DUE TO LENGTHY FBI CHECKS. The company that I'm working for currently has applied for my GC & my PERM and I-140 are approved. Also, the 'come back anytime' requires an H1B to be filed first and approved based on the I-140. Then if I-140 is approved when I am in my home country, is it possible to apply for a new H1B visa for 3 years based on approved I-140 from my home country without staying 1 year outside US?. Forums H Visas Student Visas Green Cards Other Visas General Discussions More. my questions: 1. Hi, I've I-140 approved in 2009 but, priority is not current. Yes, if his I-140 petition is approved before this date. However, if you have an approved I-140, then you can keep your green card priority date once you transfer your H1B to your new employer and you can request a 3-year extension on your H1B. if I have an approved I140 with employer A and I move to employer B, if the I140 approval passes 180 days can Employer A revoke the I140 and will It have any impact in requesting 3 years extention based on the I140 with employer A Also with the new employer the Perm has to be filed with the same job title and duties to use the priority date of old I140 with employer A If Employer A doesn't. I had to travel back to India due to visa extension denial. Hi, I am a US H1-B visa holder (Indian Citizen) who has an approved I-140 petition. This is a very popular question when H1B visa holders find themselves with revoked I-140 petitions. The approval can be given for 3 years initially but the duration can be extended to 3 years. Get the professional help with US H1B visa RFE and denials with us. As the approval took almost a year, my employer offered me to work in another country (Hong Kong) while the US visa was being processed but now that's it's been approved I feel like I do not want to go back to the US (or at least not until 1 or 2 years). Similarly, for beneficiaries with approved I-140 petitions, USCIS will grant H1B extensions - in a maximum of 3-year increments - until a final decision is made with regard to their I-485 applications. If the employer has filed an I-140 Immigrant Petition as part of trying to obtain lawful permanent resident status (a green card) and the I-140 has been approved, an H1B extension can be filed. ? If Yes, what is the processing time for the new prevailing wage system handled from DOL in washington DC?. His I-140 has been approved in June 2008. I am on H1B with I140 approved. H1B Transfer with Withdrawn i140. Downloads H1B/H4 Visa Templates. Answer: Transfer of pending I-485 application from one I-140 petition to a new I-140 petition is governed by Pearson's memo and is called interfiling I-485. My current H1b expires on July 2017, which will also be the end of sixth year. No strategic advantage. Your I-485 has been pending for 180 days or more; 3. An H-1B is a non-immigrant visa. No matter what, your new employer would have to file for an H1B transfer for you. It is permissible for an employer to file H1B extensions after 6 years on H1B status, even before the LC or I-140 petition has been pending for at least 365 days. An H-1B whose approved I-140 petition is withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification. My current employer has not revoked I-140 yet and not willing to file an extension. Hoolahey is an Indian national currently in H-1B status. I completed 5 years of my H1b validity and my H1b will expire in December 2009. Will my I-140 application affect my future application for F-1 status? A: Yes, because you demonstrate immigrant intent through your I-140 application. L1A and I140 approved L1A-I am currently on L1A which is valid until Feb 2017 and is working for employer A H1B-I got it filed through employer B and is small consultancy firm which got expired last year(sep 2013). You can check out the first part of H4 EAD FAQs -F1 to H4 or H1 to H4 COS, I-140 Revoked, written by Emily, who is a highly qualified immigration attorney practicing only immigration law for over 10 years. The H1B visa has been the most widely accessed visa programme by Indians, especially in the IT sector. Table B: I-140 E-12 Approval/Denial by Fiscal Year 2005 to 2010. I had to travel back to India due to visa extension denial. I140 cannot be transferred. a) Yes, they can file it based on the H1B as well as approved I-140. PERM and i140 can be approved in 1 year. Therefore, unfortunately the big losers are those who are stuck at the stage of Labor Certification application and face the H-1B 6-year limit. The start date requested on an H1B visa extension must be after the time when the Labor or I-140 petition has been pending for over 365 days. I am on H1B and have approved I140 from an old employer. I140 approved but H1B extension denied ? Hi , My H1B extension got denied today. The process of filing the H4 EAD is not very complicated, however, it is a new law and H4 visa holders might need help. 97,000 H4 spouses can benefit immediately : Implies the number of H1B workers with I-140 approved and waiting for Green Card. if your old H1B visa has not expired, you may be able to simply travel outside the US and return using your original H1B visa and the original Notice of Approval (Form I-797) for your newly-approved H1B petition; or. I joined another company recently and my new employer is going to initiate the whole green card process soon. As everyone was waiting since long to hear something positive about this rule, we are here with this great news. Should I need to get a new stamping ?. My wife is on H4 with EAD. Hope this answers your question. H1B Visas H1B RFEs H1B Extensions H1B Amendment H4/EADs F1/OPT/CPT GC - PERM/I-140/I-485 TN Visas L1/L2 Visas E3 Visas Immigration News Outlook More. Employer petitions for the H1B visa in the following ways: Form ETA-9035: Labor Condition Attestation through the ICERT website. Changing jobs after a green card approval throws a wrench into an already complicated process. If I had been on H1B for 9 years (6 + 3 based on approved I-140) and this validity period ended in 2014 and since then I moved back to India, my I-140 is still. Your I-140 is approved; 2. I have an approved I-140. I-140 Petition should be approved for H-1B Worker (and/OR) Granted extension of stay using AC21. I already have completed 6+ years on H1 with I-140 approved from previous employer. I have a current valid H1B , which is going to expire in the next 3 months. That is a diff topic. How to Withdraw a Form I-140. My current employer filed new I140 and it was approved in August of this year. Downloads H1B/H4 Visa Templates. After going to India my I 140 got approved. In addition to this, H1B holders that give the USCIS information that assists with investigating infringements of the Labor Condition Application will receive a degree of protection. In fact, the rule that allows for a three-year H1B extension, based on an I-140 petition approval and the retrogression of dates, does not have a 365-day requirement. Have an Approved I140 but my H1B extension after 6 years application for next 3 years was denied. An H-1B is a non-immigrant visa. My I-140 got approved around Sep 2015 and my visa got extended at 6th year completion on April 2016 and current H1-B is valid through Jan 2019. Also, the 'come back anytime' requires an H1B to be filed first and approved based on the I-140. The process of filing the H4 EAD is not very complicated, however, it is a new law and H4 visa holders might need help. Hopefully your I-140 petition will be approved in time with the 10 extra days. Since B1/B2 is a non-immigrant visa the ‘intent to immigrate’ that my I140 suggests, makes it …. Our previous article covered the typical Steps After H1B Visa Lottery. Thanks to the approved I-140 Raj obtains another extra three years on his H1B. Under AC21, you do not have to start a new green card if: 1. My I-140 got approved around Sep 2015 and my visa got extended at 6th year completion on April 2016 and current H1-B is valid through Jan 2019. I140 cannot be transferred. The start date requested on an H1B visa extension must be after the time when the Labor or I-140 petition has been pending for over 365 days. I have approved I 140 from my current employer. My questions is a) Am I exempt from the annual H1B quota as I have an approved 140? b) Can I apply for that visa now? c) In the event I am exempt from the H1B quota, what is the process to apply for that?. If you are NOT in US: 1. H1B without i140 - Limit of 6 year stay 2. Many of the lucky ones, selected in H1B Visa Lottery and have approved H1B petition notice, might be wondering what are the next steps. Reality of the H1B programme. If the I-140 is withdrawn after an H1B extension is granted, the USCIS has issued guidance that it will honor the H1B approval for the entire validity period. I want to apply for a new H1B. How to Withdraw a Form I-140. H1B status may be extended beyond six years in certain limited circumstances. If you have already filed Form I-129 or Form I-140 and you now wish to request Premium Processing Service, file Form I-907 with the service center where the Form I-129 or Form I-140 is currently pending, along with a copy of the Form I-797, Receipt Notice, for your Form I-129 or Form I-140. After My J1 Waiver Approval, Can I File I-140/I-485 First and H1B Later on? Travel in F1 Student Visa in the OPT, with H-1B Status Approval: The Consular Process of USCIS approved H1B application: How Is the Prevailing Wage Determined for the H1B Labor Certification Application (LCA)?. I have an approved I-140, my recent H1B transfer got denied, my previous company revoked h1 as of today. I have an approved I140 with company A. There is a high chance your new F-1 visa or change of status application will be rejected because of the immigrant intent that you showed with your I-140. WASHINGTON— USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. The common scenario is as follows: Raj works for a company A, Company A has obtained an approved form I-140 based on an approved labor certification. We try to answer common questions related to i-140 and related decisions that H1B worker may have to take. I am currently on OPT (from -F1- visa) and it ends in Dec. His I-140 has been approved in June 2008. Your new employer would file for the H1B based upon your qualification for the position for which it has labor certification. The company that I'm working for currently has applied for my GC & my PERM and I-140 are approved. Uscis Announces New Procedures For Employers In Response To New Department Of Labor Rule Eliminating Substitutions On Labor Certifications. However my old visa stamp on my passport is still valid till 2010. Annual Cap : 65,000. My end client is offering me a full time position of the same role. Yes, H1B can be extended by employer B using employer A’s approved i140 (if it has not been withdrawn or you worked with employer A for 180 days after i140 approval). I have received my H1B extension approval. 17, 2017) | myattorneyusa. I have an approved I140 with company A. It might take a month from what I understand. I am a electrical engineer by profession and have two masters degree from US in EE and Biomedical Engineering and Bachelors from India. An I-140 petition is the second step in the employment based Green Card process. In that case, the employee can continue to use the labor certification and/or the approved I-140 to become a permanent resident as long as the new job is in the "same or similar occupation. As you said you have an approved i140, I believe you would have been in the US at some point or presently in the US. Can a company B apply for a cap exempt H1 based on my approved I140. F-1 visas are reserved only for those. Continued Validity of I-140 Provides Key Benefits to H1B Workers & H-4 Spouses. But, to file for your Green Card (i485), you would eventually need a new PERM and I140 at the time when your priority date becomes current. Thanks to the approved I-140 Raj obtains another extra three years on his H1B. However, if you have an approved I-140, then you can keep your green card priority date once you transfer your H1B to your new employer and you can request a 3-year extension on your H1B. But, the I-140 must remain valid until the H1B is approved. Hi, I maxed out of my 6 yrs of H1b and I moved to India. I am in the 5th year of my H1B (expires in mid-2018). An H-1B whose approved I-140 petition is withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification. Motion to reconsider - this is only used if you believe that the evaluating officer was wrong in his or her decision to deny your H-1B transfer. She entered US on H4 and got job offer from Company B and got new approved i797 in June 2019, As per Attorney, she needs to get her visa stamped before starting work. Question : If the New Employer files a H1B Based on my Approved I-140 and assume that it got approved/visa stamped , in that situation : Can i continue the GC processing With my Old Employer ( if he agrees) Or it has to be initiated again through New Employer Since a H1 Is filed by a new Employer based on I-140? Regards, Pavan. Even if you switch employers, you will be able to file extension based on approved I-140 from your previous employer. In other words, visa stamped on your passport is. Is I-140 is always associated with H1b?. If an H1B applicant files I-140 365 days before the expiry of the visa (6th year), he can take an extension for one year. You can also use approved I-140 from old employer to apply for H4-EAD. First of all, an H1B worker could continue to use. Now to keep my wife's job alive, I want to remain on L1B till my I140 is approved on L1B VISA, And after I140 approval is it possible to transfer to H1B VISA again without applying again for new H1B lottery ? Can you please suggest, How this is possible ? Thanks, Like Like. You can apply for H-1B upto 6 year which is maxout. Hello Experts, I got my I-140 approved through a Company A and i'm currently on my 9th year H1b which is valid till Feb2014 (This 3 years extension was based on that I-140). H-1B Extensions will be issued in 1 year increments until: 1) The PERM petition is denied, or if the PERM is approved until the I-140 is denied. You can file for H1B transfer with new employer right away. Hi @arputhamsam. Is it also going to be valid until Sept 09 ?. The number. if your old H1B visa has not expired, you may be able to simply travel outside the US and return using your original H1B visa and the original Notice of Approval (Form I-797) for your newly-approved H1B petition; or. F-1 visas are reserved only for those. the Labor Certification or I-140 was filed at least 365 days before the end of the sixth year or the requested H1B. government? Yes we have filled a fresh petition which is pending. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. I have an approved I140 with company A. My I-140 got approved around Sep 2015 and my visa got extended at 6th year completion on April 2016 and current H1-B is valid through Jan 2019. Contact your employer and get the copy of the approval notice. The H-4 holder can apply for an EAD card once H-1b spouse’s I-140 is approved. Earlier, the H1B Visa holders did not have the burden of producing relevant documents during the visa renewal process, however, the new rules direct H1B Visa holders to provide sufficient proofs to prove that he/she is qualified to renew the existing H1B Visa. Without i140, 7th yr extension if PERM pending 365+ days, including Audit. I can not apply for a new I-485 now due to retrogression in priority dates. If the I-140 is withdrawn after an H1B extension is granted, the USCIS has issued guidance that it will honor the H1B approval for the entire validity period. If the application has been approved the employer will receive an approval notice from the USCIS, this approval notice will be forwarded to the employee so that he/she may be able to produce this at the visa office for stamping of the visa. Just take the best offer, get an H1B extension and go for a new PERM while you are on a new 3 year H1B. Have an Approved I140 but my H1B extension after 6 years application for next 3 years was denied. Filing Tips for Form I-140, Immigrant Petition for Alien Worker. If COS is Approved or Only H1B Visa Petition. Answer #7 – Yes. my questions: 1. Ones my labor gets approved I will file for I-140. If the employer has filed an I-140 Immigrant Petition as part of trying to obtain lawful permanent resident status (a green card) and the I-140 has been approved, an H1B extension can be filed. Similarly, for beneficiaries with approved I-140 petitions, USCIS will approve the 3-year H1B extensions until a final decision of the I-485 is reached. 1) In a scenario if I stay in US till 4th May 2017 and my employer is unable to submit H1B extension request based on I-140 approval till 4th May, what are the option available: a) Travel back to home country India on 4th May - Once H1b extension is submitted and approved while I am in India, will I be able to travel back to US once H1B. Thanks to the approved I-140 Raj obtains another. Yes, H1B can be extended by employer B using employer A's approved i140 (if it has not been withdrawn or you worked with employer A for 180 days after i140 approval). PERM & i140 can be filed after you get H1B for your new position. Unfortunately, he was laid off recently, and his last paycheck will be Aug. H1B portability rules allow H1B workers to change employers and begin working for the new employer as soon as a new H1B petition is filed with USCIS. H1B Visas H1B RFEs H1B Extensions H1B Amendment H4/EADs F1/OPT/CPT GC - PERM/I-140/I-485 TN Visas L1/L2 Visas E3 Visas Immigration News Outlook More. I am affected by layoffs in my current employment, i have around 30 days notice period before separation. ? If Yes, what is the processing time for the new prevailing wage system handled from DOL in washington DC?. I had filed for H1B transfer in Jun 08. Now to keep my wife's job alive, I want to remain on L1B till my I140 is approved on L1B VISA, And after I140 approval is it possible to transfer to H1B VISA again without applying again for new H1B lottery ? Can you please suggest, How this is possible ? Thanks, Like Like. No need for I-140 approval from new employer. Employer B had applied for my H1b transfer with that I-140 and got new H1b extn for 3 years. On February 28, 2008, the USCIS issued the following questions and answers regarding their new policy addressing immigration application processing delays caused by the lenghty wait for FBI name checks. Is new PERM & i140 required. legally, so you’re going to want to know all of the H1B stamping documents. You are right to wait for the approval of the I-140 before having a new employer file a new H-1B petition on your behalf, for after an I-140 approval, you will be entitled to a 3 year extension of your H-1B status, regardless of how long you have left on it. Am currently awaiting for the official denial notice to get the details. There has been a drop in the number of new H-1B beneficiaries from India, the official report has said. No strategic advantage. the Labor Certification or I-140 was filed at least 365 days before the end of the sixth year or the requested H1B. You can PORT the priority date to new employer B, though. Approval Notices: If your case is approved, your H1B Employer will first receive an email stating that the H1B is approved followed by a physical H1B approval notice. I moved to Canada in September 26th, 2014 as my L1B quota for 5 years has been expired. Forums H Visas Student Visas Green Cards Other Visas General Discussions More. I want to know if the new approval (if approved), what is the validity period. PERM and i140 can be approved in 1 year. Extend H1B with approved i140. When filing a new I-140, what is the process to retain the priority date of a previously approved I-140? Answer This frequently occurs automatically when the new I-140 is approved; but, one should inform the USCIS of the existence of an earlier priority date when the new I-140 is filed. NEW POLICY ADDRESSING LONG PENDING CASES DUE TO LENGTHY FBI CHECKS. If the I-140 is withdrawn after an H1B extension is granted, the USCIS has issued guidance that it will honor the H1B approval for the entire validity period. To withdraw a pending or approved Form I-140, the petitioner should submit the following:. The PERM or I-140 must be pending for 365 prior to the expiration of the current H-1B. My priority date (april 2005) is current. New, Updated Policy for H1B, L1 Extension: Now, with the new policy change, USCIS indicates that irrespective of the previous approval of the petition, there is no need for the USCIS officer reviewing the petition to give that importance of previous approval to their current decision. You may have: 1. H1B Expiring: Hello Folks Thanks a lot for the help. PERM & i140 can be filed after you get H1B for your new position. Nothing is fool proof of course and you should be prepared for rejection. Do we have to file for a new prevailing wage document for 3 year H1B renewal based on approved I-140. Hoolahey is an Indian national currently in H-1B status. Our previous article covered the typical Steps After H1B Visa Lottery. Extend H1B with approved i140. H1B to Green Card Process An I-485 petition must be submitted by any foreign worker to the United States Citizenship and Immigration Services in order for the worker to maintain his or her lawful immigration status while their Green Card is being processed. If I move to Canada and need to visit US, I will need a B1/B2 non-immigrant visa. If I change to a new H1B employer, can my spouse continue to work using her H-4 EAD? 09 Apr 2018. You need to have the i140 approval. I was waited till April 2013 and return back to India with my family (my wife also resigned ) due to uncertainty/waiting time. Once an I-140 is withdrawn by the petitioner, it may no longer be used to request an H1B extension of status. This rule will be published in Federal Register in next couple of days. Changing Jobs after I-140 Approval. The new H1B is pending. My current employer will not sponsor PERM, I-140. My I-140 was approved with my previous employer late last year. Do not grant EAD to all I-140 approved petitioners this will Impact Americans in IT industry Any EAD is being misused by people to create fake resumes and market themselves as 8 to 10 years experienced candidates. Yes, H1B can be extended by employer B using employer A’s approved i140 (if it has not been withdrawn or you worked with employer A for 180 days after i140 approval). My I-140 got approved around Sep 2015 and my visa got extended at 6th year completion on April 2016 and current H1-B is valid through Jan 2019. It would never be considered as a new H1b even after 6 years. The law firm has sued the agency for unlawfully issuing short H1B approvals. Currently i am waiting for my employer to receive the denial papers. Question : If the New Employer files a H1B Based on my Approved I-140 and assume that it got approved/visa stamped , in that situation : Can i continue the GC processing With my Old Employer ( if he agrees) Or it has to be initiated again through New Employer Since a H1 Is filed by a new Employer based on I-140? Regards, Pavan. If COS is Approved or Only H1B Visa Petition. H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. In July 2002, U. So basically this has created the "unlimited h1b" situation. In February 2019, my employer got a NOIR notice on the initial H1B that was filed with an in-house project. Form I-140 petition validity. I am a electrical engineer by profession and have two masters degree from US in EE and Biomedical Engineering and Bachelors from India. Want to work and live in United States? We provide customized work visa solution based on your profile and analysis of visa job database.