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H1b Stamping - Transferred Employer After 6 Years. Prev I140 Revoked

Discussion in 'Nonimmigrant Visa Validity' started by pulpfiction, Aug 11, 2016.

  1. pulpfiction

    pulpfiction Guru

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    Ron,

    I moved employers after 6 years on H1. I have a new I797 approved with my new employer based on my previous I140. My existing employer has since revoked the I140. My new employer is just starting the perm process.

    Are there any implications on going for a H1B stamping at this time? It is a straightforward full time position.

    On the DS-160, there is a question if an immigration petition has been filed. Do I say 'yes' and provide my previous employer details?

    Appreciate your feedback.
     
  2. pulpfiction

    pulpfiction Guru

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    Small correction:-


    I moved employers after 6 years on H1. I have a new I797 approved with my new employer based on my previous I140. My previous employer has since revoked the I140. My new employer is just starting the perm process.

    Are there any implications on going for a H1B stamping based on my new I797 at this time? It is a straightforward full time position.

    On the DS-160, there is a question if an immigration petition has been filed. Do I say 'yes' and provide my previous employer details?

    Appreciate your feedback.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should not go abroad and apply for a new visa unless and until you have a new I-140 approval. While the USCIS is not going to revoke the authorized stay previously granted, the consular post will not issue a visa for you at this time. If you still had a valid visa and went abroad, CBP would likely turn you around upon reentry. Please be careful.
     
    Greeeeencard and Santy like this.
  4. pulpfiction

    pulpfiction Guru

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    Thanks Ron. Wow, i was assuming having a perm filed would be enough, if at all the question on 6 years arises. Isn't it quite straightforward to explain during the interview that you moved jobs, have a new approved I797 petition and the new employer has filed your perm? I do have a copy of my previous I140 (that was revoked) if required. Don't they use common sense to adjudicate cases?


    Waiting for a new perm + I140 approval means a most optimistic estimate of 5 months of 'captivity', thanks to USCIS processing times.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unfortunately, you are going to have to wait until your new I-140 is approved.
     
  6. pulpfiction

    pulpfiction Guru

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    Thanks Ron. My company's firm (a premier NY based one) seems to have a different view on this. Just received an email stating that I am OK to go for a stamping based on my new I797, and have not heard of any issues with stamping in this scenario.
     
  7. Greeeeencard

    Greeeeencard Guru

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    I concur with @ron on his suggestions. Anyways, if you decide to go for stamping, please do share your experience here.
     
  8. pulpfiction

    pulpfiction Guru

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    Just an update - went for the stamping, no issues either at the stamping or at port of entry. All they wanted to see was the I797, no questions on the I140.
     
  9. Greeeeencard

    Greeeeencard Guru

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    Thanks for sharing your experience.
     

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