Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

i 140 question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • i 140 question

    Hi,

    My name is Babu. For the past 5.3 years I am working in USA on H1B for Company A. I have 9 more months left to complete my 6 years of H1B. Now, I am looking for a company change.
    Company B would like to process GC for me and I would like to join Company B only after my i-140 gets approved till then I will be continue working for Company A only. I have a situation to go to my home country after 9 months. Can you please help me with below questions...

    1) While I am working for Company A can Company B apply GC process for me with out joining them ?
    if yes, can you please help me with below questions...

    2) If my i-140 gets approved and if I leave the USA without joining Company B or if my i-140 gets approved after I go to my home country and still working for Company A only, and if I want to come back to USA through Company A or B or C after my 6 years of H1B completion, can I fall under CAP exemption or not ? and here, my i-140 owner is still Company B.
    If I fall under CAP exemption, can you please help me with below questions...

    3) If I don't get my certified PERM before I leave the USA. Can Company B apply my i-140 from my home country (noy USA) after my PERM got approved ?
    If the answer is yes for the above question 3) and after i-140 gets approved, if Company B is not able to bring me to USA then can I still use that approved i-140 to apply new H1B under cap exemption from Comapany A or C. My i-140 owner is still Company B and I am not an employee of Company B.

    4) If my i-140 gets approved after I goto my home country before joining Company B assuming my 6 years of H1B got completed.
    I did not work for Company B not even single day and there is no H1B with Company B and I am not even employee of Company B. Can I still use that i-140 to apply new H1B under cap exemption from Comapany A or C ? and here my i-140 owner is still Company B and I am not an employee of Company B.

    5) After my i-140 gets approved and if I goto my home country before joining Company B, after 6 years of my H1B completion, can I use that i-140 and come to USA with different employer Company A or C? I did not work for Company B not even single day and there is no H1 with Company B. Can I still use that i-140 to apply new H1B under cap exemption from Comapany A or C and here my i-140 owner is still Company B and I am not an employee of Company B.

    Thanks,
    Babu

  • #2
    Originally posted by [email protected] View Post
    1) While I am working for Company A can Company B apply GC process for me with out joining them ?
    Yes.
    Originally posted by [email protected] View Post
    2) If my i-140 gets approved and if I leave the USA without joining Company B or if my i-140 gets approved after I go to my home country and still working for Company A only, and if I want to come back to USA through Company A or B or C after my 6 years of H1B completion, can I fall under CAP exemption or not ? and here, my i-140 owner is still Company B.
    If I fall under CAP exemption, can you please help me with below questions...
    You need to have a valid H1 in hand to return back to USA. I140 does not give you any status. If your 6 years completes before you get your I140 approved, then you'll need to file another H1 after staying outside USA for 1 year.
    Originally posted by [email protected] View Post
    3) If I don't get my certified PERM before I leave the USA. Can Company B apply my i-140 from my home country (noy USA) after my PERM got approved ?
    Yes.
    Originally posted by [email protected] View Post
    If the answer is yes for the above question 3) and after i-140 gets approved, if Company B is not able to bring me to USA then can I still use that approved i-140 to apply new H1B under cap exemption from Comapany A or C. My i-140 owner is still Company B and I am not an employee of Company B.
    Once I140 is filed from any company, you gets your priority date (irrespective of which company you are working for). if you change your company, that company need to file I140 again, but your priority date remains same. You can apply for H1 extension only if your current H1 is still valid (not completed 6 years).
    Originally posted by [email protected] View Post
    4) If my i-140 gets approved after I goto my home country before joining Company B assuming my 6 years of H1B got completed.
    I did not work for Company B not even single day and there is no H1B with Company B and I am not even employee of Company B. Can I still use that i-140 to apply new H1B under cap exemption from Comapany A or C ? and here my i-140 owner is still Company B and I am not an employee of Company B.
    After completing 6 years - NO.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment

    Working...
    X