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Changing Employer After I140 Approval

Discussion in 'I-140 job portability' started by Ak_, Jun 19, 2015.

  1. Ak_

    Ak_ New Member

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    Hi Ron,

    Before I put forward my question, I would like to mention that this forum contains so much accurate and useful information. Thanks for that.

    My current stage,

    1) I have been in USA for 5 years by now and in June 2016, I would be at MaxOut.

    With previous employer (Company A), I have I140 approved under EB3.

    2) Last year, I changed employer (Company B) and they started GC filling under EB2 (as I am qualified with 5 years Master' degree from India + 11 years of experience).

    Currently, the PERM is WIP.

    Questions

    1) Is having I140 approved with any employer, allows me to extend visa beyond Max out (6 years)? Or that is not the case and I have to have I140 approved with employer who is filling for my extension after Max out?

    2) I have copy of I140 approval notice from previous employer. Is there any way to check if I140 is revoked by Employer? Is it safe to assume that my priority date from previous I140 would be easily portable even it is from EB3 to EB2?

    3) In case I change the employer (Company C) now and if they file for GC, Do I have to have I140 approved with them before Max out?


    Thanks for any help with these questions.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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  3. Ak_

    Ak_ New Member

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    Thanks a ton Ron for your prompt response.

    The FAQ has following in # 7. Just confirming, This means, Once I have I140 approved from any employer, I do not have to worry about MaxOut and any employer can extend my H1B beyond 6 years, Correct?

    Could you please also share some lights (link if it is already address in any other Thread) about porting Priority dates from EB3 to EB2, please.

    Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?

    Answer:
    No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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  5. Ak_

    Ak_ New Member

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    Brilliant. Thank you very much Ron for this information.
     

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