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H-1b Extension Issue : I-140 Revoked In 2014. Have A New Approved Perm & Has Expired. I-140 Pending.

Discussion in 'AC 21 I-140 Portability' started by KrishAsks, Sep 29, 2017.

  1. KrishAsks

    KrishAsks New Member

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    Hi There,

    I am in the 10th year of H-1B. My former employer A who first applied for my GC, withdrew my I-140 back in 2014 but I never knew that it was revoked by USCIS until recently when I changed to a new employer D (had switched two more employers B and C between the fist one ' A' and the current one 'D') and have received a H-1 change of employment approval for 1 year. When we filed a ticket with USCIS to find why I got only year extension as opposed to 3 years with an approved I-140, we were told that Employer A withdrew the I-140 and USCIS have revoked it.

    I understand that my PD will be retained. Here is more information to my problem which details the situation I am in.
    • I have an approved PERM (and has expired) with Employer B but did not file an I-140 as I moved to Employer C back in 2015.
    • I have an approved PERM (expired in April 2017) with Employer C as well and an I-140 case (under regular processing) which is pending with USCIS applied in Dec 2016.
    • Employer D is planning to file my H-1 extension in October as my H-1 will expire in April 2018. However, the attorney for Employer D states that my approved PERM with Employer C has expired and I-140 is still pending with USCIS. So, I cannot apply for H-1 extension until I have an approved I-140 and/or renew my labor PERM.
    I have received a copy of PERM from Employer C but as I stated earlier it is expired and Employer C is not ready to upgrade my current case to premium as I am no longer their employee.

    What are my odds here? I know I am on a landmine situation but is there a way out? What could be some alternative options? Switch to F-1 visa and work on OPT? Please guide me.

    Thanks much for your patience in reading through the case.
     
  2. KrishAsks

    KrishAsks New Member

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    This is really important and urgent for me to make a decision. Any quick response would be totally appreciated!
     
  3. rohitsharma

    rohitsharma Junior Member

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    Firstly, if its so urgent, this forum is hardly the place to be ! Go to Avvo and pay ~40-50 dollars for a consultation, or two consultations. And you will have solid advice for lesser than 100 $.
    According to me, your best bet is to explain your situation to employer C and inform them that you will pay all the costs for upgrading I140 to premium - If they do it, your problem is solved in under a month.
    Second alternative will be to join employee C again, if you have not burned your bridges yet.
     
    KrishAsks and s_gan like this.
  4. KrishAsks

    KrishAsks New Member

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    Thanks much Rohit Sharma! I did not know about Avvo legal services for consultation. Will try to consult them.

    Your advice is so apt for my situation and I will work towards both the options. I am planning to meet my Employer C this week and also work through the past immigration lawyer for Employer C so they can explain the legal stay issue to them.

    Thanks again and have a nice weekend!
     

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