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I-140 Approved, New Employer Not Filling Gc

Discussion in 'I-140 petitions' started by navneet, Oct 21, 2016.

  1. navneet

    navneet New Member

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    I came to USA on H1B and joined Employer A, they did my Green card process in EB2 category.
    After I got I-140 approved from Employer A I joined Employer B who filed my H1B(till Sep 2019) on I-140 petition filled by Employer A. Right now I don't think new employer(B) is going to file GC for me.

    Following Questions I have in case of H1B :
    1) As employer B is not going to file GC for me, am I applicable to get H1B extension on I-140 petition after Sep 2019? (if employer A did not revoke it till that time)
    2) What if employer A revoked my GC process before Sep 2019? is that going to be issue for me?
    3) After some time say in 2017 if Employer B said they will process my GC, does that going to make any issue to my priority date as there will be gap of filing GC between this two employer?

    Following Questions I have in case of H4 EAD :
    1) H4 EAD is completely depend on H1B, does renewal of H4 EAD need latest I-140 petition from current employer(B) or I-140 petition is not needed as Employer A did not revoke it and its get renew until H1B is valid?

  2. Santy

    Santy Guru

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    1. Yes
    2. Yes if you consume 6 years of your H1B by that time and assuming that your new employer has not started GC and your old employer revoked 140. You will find yourself in India.
    3. No. As long as there is no fraud involved with your approved 140, you are good even if 140 is revoked.

    Renewal of H4EAD needs approved 140. As long as your 140 is intact, H4EAD should fly.

    Note: I am not a lawyer.
    Raven and navneet like this.

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