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H1B and I-140 question

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  • H1B and I-140 question

    Hello,
    I am on an H1B visa, with I-140 approved from Company A. Company A got acquired by company B and company B filed for I-140 amendment under ‘Successor of interest’ clause. I have the original I-140 application papers as well as the scanned copy of the original I-140 approval which company A had filed but not the amendment papers which company B has filed.

    My question is that if I leave company B at this stage or if company B ‘lets go’ of me at this stage, then can I use the original I-140 from company A to retain my priority date when I start the green card process with company C.

    If company B ‘lets go’ of me at this stage then technically how many days do I have to find another job with Company C on H1B or do I get out of status the day I am let go? Alternatively is there a number of days limit for my changing over to an H4 visa (my spouse works on an H1B as well)?

    If I do changeover to an H4 then when I do get a suitable job with Company C, then is that H1B application subject to the annual limit of H1B visas? What are the conditions around that possibility? In that case will I still be able to utilize the I-140 approval?

    Please advice.

    Thanks,

    Junko

  • #2
    Your PD can be re-captured for any employer to the original labor filing date. But the process has to restart from scratch.

    You can switch to H4 and back to H1 without quota restrictions. Read the FAQs.

    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.

    Comment


    • #3
      H1B and I140 question

      Hi txh1b,
      thanks for the inputs. I went through the FAQs and had the following questions:

      When I do change to H4, and then subsequently back to H1B through Company C, even then can I still utilize my approved I-140 to retain my PD, even if there's a break in the H1B status?

      Thanks

      Comment


      • #4
        PD has got nothing to do with your H1b status.

        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.

        Comment

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