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I140 validity - Division spun off before 6 months?

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  • I140 validity - Division spun off before 6 months?

    My I140 is with employer A. Before completing 6 months with this I140, employer A spun off our division into a separate company (employer B). Now, employer B has restarted my green card process (right now, at PWD stage).


    a) Is my I140 still valid? My H1B with employer B was renewed based on that I140. I am in my 7th year of H1B


    b) Can I join employer C based on I140 from employer A?

  • #2
    a) Yes.
    b) Yes.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Thank you for your response!
      My concern was due to the fact that employer B had to restart the Greencard process. Also, I did not complete 180 days after the I140 in same company. So, I was under the impression that the I140 might not be valid...

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      • #4
        It does not matter whether your previous I140 is valid or not, your current employer has to start the process from the beginning. Essentially it is a new I140 petition. At the time of filing for the actual GC (AOS in case you are already in the US) you use your previous I140 to claim its PD (hence, the verbiage: "porting your PD"). There is no such thing as working for 180 days after I140 approval. I think you are talking about the provisions of AC21 porting. If your previous employer revokes your I140 within 180 days, then you cannot port it. If not, you can. You need not work with that employer. In fact, you do not need to ever work for that employer.
        Just an opinion; Not legal advice.

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