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I 140 Withdrawal By Previous Employer

Discussion in 'AC 21 I-140 Portability' started by Gcfrancis, Sep 25, 2016.

  1. Gcfrancis

    Gcfrancis New Member

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    I am currently in my 8th year on H1B and the current visa is valid till Oct 2017. The visa was extended beyond 6 years based on I 140 that was approved in July 2014 from previous employer. I have switched employers since and the new employer is going to file PERM. Status of I 140 on USCIS website still shows the old approved one. Good possibility of having been withdrawn though, hence I have put in an FOIA request to know the same.

    In the event of withdrawal and if the I 140 from the current company is not approved by Oct 2017:

    1. Can I get 1 year extension of the new perm has been pending for 365 days by Oct 2016?

    2. If 1 year extension is not possible and the I 140 gets approved sometime after Oct 2017, can I still file for a cap-exempt H1 petition then from outside the country?

  2. Richard Harding

    Richard Harding Registered Users

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    If your new company's PERM has been pending for 365 days by the start date they request on your extension, then yes, you'd be eligible for a 1-year extension.

    If the I-140 is approved, but you are outside the US, USCIS has granted cap-exempt treatment to people in your situation.

    Richard Alan Harding

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