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I-140 approved but position will be terminated by year end. Need suggestions.

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  • I-140 approved but position will be terminated by year end. Need suggestions.

    Hello All,
    My I-140 is approved on Nov 11 2016 but unfortunately my position is getting terminated by year end. I am offered a 10 week severance in form on bi-weekly pay so that I will still be in status till mid-march 2017. I am looking for opportunities now and have a questions around I-140.

    1) I do know that if I get a new offer before my time runs out I can use the approved I-140 to get 3 years extension, I am correct on this?


    2) If I get a new offer and my current approved I-140 is not revoked can I retain my I-140 and PD date both or will I be only able to retain my PD?



    Thanks!
    F12H1

  • #2
    Not sure if you will be in valid status just because you are getting bi-weekly salary till March 2017. Check with your immigration attorney to ensure there is no clause that you have to be working to remain in status.

    1) I do know that if I get a new offer before my time runs out I can use the approved I-140 to get 3 years extension, I am correct on this?
    >> Correct, as long as your I140 is not revoked.

    2) If I get a new offer and my current approved I-140 is not revoked can I retain my I-140 and PD date both or will I be only able to retain my PD?
    Only PD. There is no such thing as retaining an I140 after you leave your employer. I140s can be revoked but not retained since they are tied to your employer for a specific position.

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