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I-140 approved but old employer office shutdown - how does it affect H1 extension?

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  • I-140 approved but old employer office shutdown - how does it affect H1 extension?

    Hi,

    As per my knowledge, I can get H-1B extension for 3 years using an approved I-140 from my previous employer. However, the branch office of my previous employer(where my i-140 was approved) was shutdown. The employer is still in business at other locations in US though.

    Is it still possible for my current employer to use the i-140 approval in order to get me a 3 year extension?

    Thanks!

  • #2
    It is tricky. Your employer must show that all jobs available at the location from where the I140 was filed are still available on a permanent basis.

    If an office has closed, it is arguable that all jobs at that location have vanished into thin air unless your labor explicitly states "Various Locations" and/or "Relocation May be required".

    Talk to your attorney. It needs further analysis of documents.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for the answer.

      How would USCIS know that the old office location of my old employer has shutdown?

      Thanks.

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