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H1b - Change Of Employer - Premium Processing Suspension

Discussion in 'AC 21 H-1B Issues' started by indianpro, May 27, 2015.

  1. indianpro

    indianpro Junior Member

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    1) Since USCIS suspended Premium processing on H1B Extension, does this suspension apply to change of employer on basis of approved I-140 ?

    2) What if the transfer is filled in Regular processing and meanwhile the old employer revokes I-140.

    3) I have 1 year left out of total h1b 6 years time, Should I request recapture and extension based on remaining 1 year to avoid being out of status " IF " old employer cancels I-140, but what if once the 1 year extension is approved can my employer immediately apply another extension based on I-140 to avail full 3 years (If its still in approved status by that time)
     
    Last edited: May 27, 2015
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As long as you don't ask for more time, you may use premium processing. Otherwise, no. As long as you file before your status expires, you pick up an automatic 240 day extension of stay and work authorization, so why push for premium processing?
     
  3. indianpro

    indianpro Junior Member

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    Hi Ron, I have completed 5 years out of 6 years, Initially I thought of Premium Processing for Transferring my H1b to new employer B so that I can use the Approved I-140 from employer A to get 3 years extension and to avoid going out of Status "IF" employer A revokes I-140.

    But now USCIS suspended the Premium Processing Services and it seems If I go with regular processing and start working for new employer B on reciept number alone, I risk of going out of Status if employer A revokes I-140 before H1 extension is approved......

    For above mentioned reasons I thought of going the route of using the remainng 1 year now and then file another extension immediately to get full 3 years using the I-140 if its still approved....? is that even possible to file another extension immediately after 1 year extension is approved...
     
    Last edited: May 27, 2015
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You could do that, just don't ask for any time beyond what you have been given. The timing is going to be tight.
     
  5. indianpro

    indianpro Junior Member

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    Hi Ron

    If I go by Regular processing mode and Company B sends H1B Transfer petition to USCIS requesting 3 year extension based on approved 140 from Company A and gets receipt number and I resign from Company A based on receipt number, What if company A revokes 140 while my H1B transfer is pending,

    will my H1b transfer be rejected due to revocation of 140 ?
    OR
    Do I get the benefit of submitting H1B transfer before Company A could send 140 revocation request ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It would likely be denied if the I-140 withdrawal is effective before the new petition is approved.
     
  7. Kavi11

    Kavi11 New Member

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    Hi Indianpro, did you file for a H1B extension? In regular or premium? Please let me know how it worked out for you. I have to file my H1b extension with change of employer based on I-140 too. And I just have 90 days left from my 6 years time. I am thinking if I should join based on reciept number alone.
     
  8. NIW_limbo

    NIW_limbo Member

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    Hi Ron, I would be grateful if you could answer my following question-
    Considering the delay in implementing Obama's EOs, I have to take some critical career decisions based on the current situation. I have an excellent job offer, which also has agreed to sponsor my H1B transfer (they don't have to do I-140 because I have an approved EB2-NIW), although everything is still very recent and I have not talked to the prospective employer in details about my immigration situation.

    However the question is, can they transfer my H-1B? All these years I am under not-for-profit cap-exempt H1B, while the prospective employer will be a for-profit company. Despite my approved immigration petition, will my H1b transfer still fall under cap-limited H1B? I couldn't find any information anywhere that explains this kind of situation. Thanks.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You are going to be subject to the cap if you switch to a for-profit employer.
     
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  10. NIW_limbo

    NIW_limbo Member

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    Does that mean that I have missed this year's chance? and if I do it next year I may not be selected in the lottery? BTW, this is my 10th year on H1B.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you have missed your chance for this year's lottery.
     
  12. NIW_limbo

    NIW_limbo Member

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    So AC21 does not apply here? Despite my approved I-140?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    AC21 has nothing to do with this situation, unless you have an I-485 on file.
     
  14. NIW_limbo

    NIW_limbo Member

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    Thanks again Ron. This is useful information.
     

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