Form I-140

Consequences of I-140 revocation

Question details

1. Consequences if revoked (I-140) within 180 days. Benefits, if unrevoked(I-140) for 180 days and end date at work still be May 15th (or, should I ask my employer to EXTEND my end date until end-of-June so I complete my 180 days of I-140). <br>
2. How question (1) above will impact H4-EAD which is under processing. if approved before May-15th H4-EAD is still valid and can be used ?<br>
3. Does it mean after May-15th (last day at work) I have 60 days grace period to look for a new employer who sponsors my H1-B?

Watch the Video on this FAQ: Consequences of I-140 revocation

Video Transcript

1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.

FAQ Transcript





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Do jobs have to be same or similar when I port my priority date?

Question details

1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.<br>
2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?

FAQ Transcript





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Changing employers after 6 years of H-1 are over

Question details

1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. <br>
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.<br>

FAQ Transcript





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Can I go back and join an employer who has my I-140 approval, but I left them

Question details

I have worked for a company A and my I-140 was approved with PD of 2013. I worked another 7 months in the same company after I-140 approval and then moved to a new company with a similar profile. As far as I know, my I-140 has not been revoked. The new company B has also started Perm processing to get I-140 approved. I am working in Company B for almost a year now, and I would like to go back to my previous employer A. Can I rejoin Company A and pick up I-140 from there without restarting another PERM filing? Company A would like to take me back? Do I have to start the process all over again?

FAQ Transcript





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What if I never joined the employer who sponsored me for green card?

Question details

Working for the same company for 9+ years (7 yrs in the USA and since last 2 years in India Development Center for the same company). I received my GC in June 2016 and have got the physical cards delivered to me in India. Lost my father in Nov 2016. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in the USA. I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA. I am also considering an opportunity local in India.

Watch the Video on this FAQ: What if I never joined the employer who sponsored me for green card?


FAQ Transcript





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Recording of Free Community Conference Call (Every Other Thursday), 23 March 2017

Immigration.com

Immigration Law

Green Card

Substantial transcription for video

FAQ: What if I never joined the employer who sponsored me for green card; What if I move back to home country while my green card process is still pending; Can I go back and join an employer who has my I-140 approval, but I left them; What if I move back to home country while my green card process is still pending; Filing two quota H-1 petitions simultaneously through different companies; Changing employers after 6 years of H-1 are over; H-4 EAD changing back to H-1; Do jobs have to be same or similar when I port my priority date; FAQ: Is it legal to do business in home country while working in USA on a visa; Consequences of I-140 revocation; Consequences of I-140 revocation.

Other: Extension of H-4 while I-485 is pending; Removing conditional status in a conditional green card through marriage I-751; H-1B issues; What to do/options if H-1 is denied; FAQ: Doing business in the USA on a B-1/B-2 visa. 

"Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn

Question details

My I-140 got approved in Oct 2016, after this rule is passed do I have to wait for 180 days after Jan 17 or will it be applied from Oct 2016 itself?

FAQ Transcript





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Compelling circumstances EAD

Question details

I have approved I-140 from 2010. I read that if I apply for I-140 EAD (due to compelling circumstances ) it will revoke my H1B status and then I would not be able to adjust the status through I-485 without going outside the country and getting back on H1 which is extremely risky. The other option is Consular Processing which is also waiting outside US. Is that right? What status would a person be in US if on I-140 EAD due to a compelling circumstance? Is there a way to switch to H-1B so as to continue with Green Card through Adjustment of Status ( with same priority date) while within US?

FAQ Transcript





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Guestbook Entry for Sanjay B, United States

Name
Sanjay B
Country
United States
State
viriginia
Comment

Want to Thank Mr. Rajiv Khanna and Diane Lombardo from the bottom of my heart for the tremendous effort they put into my GC application in EB1-A category. The journey started 7 months back with a simple evaluation of my profile by Mr. Khanna followed by a fact check call. Hats off to his professionalism that I was told upfront the approval chances of my case and the further work I need to do on my profile. Mine was a very unique case with a mix of critical industry experience, inventions, publications and other relevant categories. Mr. Khanna's strategic direction, core guidance, and valuable inputs were ably complimented by perfect documentation, follow up and updates by Diane. The advice throughout the journey was extremely valuable and the support was just a call away anytime. I was told to patiently wait and work on the profile till it was good enough to be filed and I think the patience and time spent was worth it. The final profile at the time of filing looked really great and satisfactory.

The I-140 for the case was approved within a week of filing. Mr. Khanna and Diane have been equally supportive in the I-485 journey immediately after that and took it on top priority to accommodate my International travels. 

As Mr. Khanna emphasized in the beginning, the whole journey is the Process and it turned out to be a great learning experience. Engaging Mr. Khanna and his team in my case turned out to be a sure game changer and I am extremely delighted to have them on the case. I would highly recommend Immigration.com for all the immigration needs.