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Job Change After I140

Discussion in 'AC 21 I-140 Portability' started by pradeep06, Apr 30, 2015.

  1. pradeep06

    pradeep06 Junior Member

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    Hello,
    My wife has a approved I140 thru employer A and she's getting an offer from emp B (FTE). Her H1 extn with current employer (A) is only till Jan 2016 (she'z in her 7th yr), in this case if emp B files for H1 transfer, would she get the new H1 only till Jan 2016 or would she get it for 3 yrs based on her approved I140 with emp A? Emp B has agreed to start her GC 6 months from her joining would it be a risk taking the offer? Any advice would be helpful.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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  3. pradeep06

    pradeep06 Junior Member

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    Ron,
    Sorry, I didn't put the question correct. For example if she takes the job from Emp B and they amend the H1 wtih the new employer and she gets it only till Jan 2016, by which her new employer might not have the PERM/I140 applied. Can they again apply for H1 xtn (to extend beyond Jan 2016) based on the current I140 if it was not withdrawn?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, they can do that.
     
  5. cvkumar

    cvkumar New Member

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    Hi Ron.

    I was reading your responses and material available on this site. They are really helpful and thank you for posting this information.

    I have a question related to my current situation and seek your advice.

    I filed for I140/I485 back in 2007. I also have an approved I-140. This was approved by my previous employer back in 2009 and later I moved to EAD. I worked for this employer until 10/2010 and later I had to move to India due to personal / family commitments. I came back to US through another company on L1 in 09/2013. I am looking at option to use I-140 and work with another employer to file for H1B. I also filed FOIA to ensure that the employer did not withdraw or revoke the I-140 (though current status on USCIS shows it as approved). My major concern is in case of any RFEs, does USCIS send it to previous employer or new employer?

    Thank you,
    Kumar
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I hope you came back using advance parole? If so, you should be in good shape. It doesn't matter what they may have sent out, once you passed 180 following the filing of your I-140, you were safe.
     
  7. cvkumar

    cvkumar New Member

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    Thanks for the response Ron. Unfortunately I came back on L1 visa, not on Advance Parole. Curious if this has any impact on the H1B based on approved I-140.
     
  8. cvkumar

    cvkumar New Member

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    Hi Ron,

    When you get a chance, please help with your response. Thank you.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to discuss this directly with counsel. This is a complex matter and not appropriate for discussion in an Internet forum.
     
  10. cvkumar

    cvkumar New Member

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    ohh.. ok... Thanks for the response Ron. I am guessing I can call and schedule an appointment with the counsel.
     
  11. shilpa26

    shilpa26 New Member

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    Hi Ron,
    I am on H1B for the last 2 years and my employer have an approved I 140 , which was approved in June 2015. I am forced to change the job for family reasons. Whether the new employer can retain old PD and apply for portability of I 140 or will it start from the perm application. or will i have to wait for 1 year from the date of approved I 140 for changing the job.
    Thank you
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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