Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B extension possible with I-140 from previous employer

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

  • H1B extension possible with I-140 from previous employer

    I came to US on L1B visa back in May-2007 working as Financial Analyst for my previous employer (Say ABC Co). I had multiple L1B extension and then converted to H1B. Before expiration of 6 years, my previous employer (ABC Co) applied for my green card. PERM and I-140 were approved and in Oct-2013, I went for visa stamping and based on my approved I-140, I got my visa stamping till May-2016.

    In Mar-2014, I was laid off and I found a new employer and transferred my H1B with same job title. I got my I-797 which expires in May-2016. My previous employer did not revoke my I-140 yet.

    My I-797 and I-94 expires on May-2016. What should I do to continue to stay beyond May-2016?
    1) Can I use my old I-140 and get another 3 year extension (Can my new employer file for another I-797 with 3 year extension) without applying for green card?
    2) If I don’t travel to India, can I stay in US beyond May-2016 since I have approved I-140 even though my I797 and I-94 would expire?
    3) Do I have to go through the whole process of Green card again (PERM and I-140, etc) for extending my stay beyond May-2016? Is processing timelines different since I already have an approved I-140?
    4) What other options do I have?

    Please advice….

  • #2
    1) Can I use my old I-140 and get another 3 year extension (Can my new employer file for another I-797 with 3 year extension) without applying for green card?
    >>> Possible if that I-140 is not revoked. USCIS may sometimes raise an RFE asking you to prove that the previous employer is still interested in going forward with the GC process even though you no longer work for them. But these RFEs are not very common.

    2) If I don’t travel to India, can I stay in US beyond May-2016 since I have approved I-140 even though my I797 and I-94 would expire?
    >>> You cannot stay without a valid I-94. Either you get your H1B extended or at least the extension should have been filed before your current I-94 expiry date and you should have received a receipt notice.

    3) Do I have to go through the whole process of Green card again (PERM and I-140, etc) for extending my stay beyond May-2016? Is processing timelines different since I already have an approved I-140?
    >>> Yes, you need to go through the same process again. Processing time will not differ. The only advantage that you will have is while filing I-485. You can recapture the priority date from your previous I-140 approval.

    4) What other options do I have?
    >>> You do not have any other option. If your spouse is in any other work visa, then you convert to be a dependent. Ask the current employer to begin the GC process right away. Once I-140 gets approved, you can switch back to H1B based on that I-140.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi shervin143,

      Thanks for the information. This is very helpful.


      I came to know recently that I can transfer my I-140 to my new employer and they can file my extension without going through the green card process. Is that possible??? I know this is similar to my first question but the only difference is that I transfer my I-140 to my new employer. Do you think I will get an RFE? If yes, then only my current employer should show that I am working and getting paid correctly...right??? Please advise.

      Comment


      • #4
        I came to know recently that I can transfer my I-140 to my new employer and they can file my extension without going through the green card process. Is that possible???
        >>> There is no such thing as I-140 transfer. I-140 cannot be transferred. However, any new employer can file a H1B petition (H1B after reaching the 6 year limit on the CAP) using the approved I-140 from your current employer and request a 3 year extension.

        I know this is similar to my first question but the only difference is that I transfer my I-140 to my new employer. Do you think I will get an RFE?
        >>> I-140 cannot be transferred. After the transfer, the new employer need restart the GC process right from scratch. However, the priority date to file I-485 can be ported from your previous I-140 approval.

        If yes, then only my current employer should show that I am working and getting paid correctly...right???
        >>> You need to have valid pay slips to prove that you are maintaining your H1B status. When you are out of status, a transfer is not possible.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          New rule I140 H1 Extension by New employer impact

          I came to know recently that I can transfer my I-140 to my new employer and they can file my extension without going through the green card process. Is that possible???
          >>> There is no such thing as I-140 transfer. I-140 cannot be transferred. However, any new employer can file a H1B petition (H1B after reaching the 6 year limit on the CAP) using the approved I-140 from your current employer and request a 3 year extension.
          >>>>>>> Can the new employer now do extension based on the new rule which was effective Jan 17th

          I know this is similar to my first question but the only difference is that I transfer my I-140 to my new employer. Do you think I will get an RFE?
          >>> I-140 cannot be transferred. After the transfer, the new employer need restart the GC process right from scratch. However, the priority date to file I-485 can be ported from your previous I-140 approval.
          >>>>>>> Agreed, but as per the new rule, the current employer cannot revoke and the new employer can use the existing I140 for H1 extensions?

          Comment

          Working...
          X