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Hi!
I would like the experts here to provide their thoughts on my situation below.
1. Completed 6 years of H1 with employer A. A had filed for I-140 and extended H1B beyond 6 years. I-140 was approved.
2. Transferred my H1 from employer A to B and extended H1 until Jul-2016 using approved I-140. H1 visa of employer A stamped in my passport expired.
3. I believe my I-140 filed by previous employer A has not been revoked (since there is not change in status). No PERM or I-140 has been filed by current employer by B yet.
Being in this situation, I am planning to visit India this March and apply for visa at the consulate.
1. Is it okay to apply for visa stamping with I-140 (whether revoked or not) filed by previous employer A?
2. To be safe, do I have to wait until my current employer B to file atleast PERM before applying for visa stamping?
3. Will there be any other issues that I should be concerned about my current situation?
4. Is my situation an uncommon one?
5. While checking with my lawyer, I was told that there seemed to be no issues with my situation. According to lawyer, applying visa using approved I-140 does not have anything to do with who actually filed I-140. Is it true?
Please provide your valuable thoughts.
Thanks in advance!!!
I would like the experts here to provide their thoughts on my situation below.
1. Completed 6 years of H1 with employer A. A had filed for I-140 and extended H1B beyond 6 years. I-140 was approved.
2. Transferred my H1 from employer A to B and extended H1 until Jul-2016 using approved I-140. H1 visa of employer A stamped in my passport expired.
3. I believe my I-140 filed by previous employer A has not been revoked (since there is not change in status). No PERM or I-140 has been filed by current employer by B yet.
Being in this situation, I am planning to visit India this March and apply for visa at the consulate.
1. Is it okay to apply for visa stamping with I-140 (whether revoked or not) filed by previous employer A?
2. To be safe, do I have to wait until my current employer B to file atleast PERM before applying for visa stamping?
3. Will there be any other issues that I should be concerned about my current situation?
4. Is my situation an uncommon one?
5. While checking with my lawyer, I was told that there seemed to be no issues with my situation. According to lawyer, applying visa using approved I-140 does not have anything to do with who actually filed I-140. Is it true?
Please provide your valuable thoughts.
Thanks in advance!!!
