Immigration.com

Form I-140

Switching Jobs after I-140 approval

13 years ago By Chief Editor
Question details

I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12,

1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)?

2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

Approval and Denial Statistics for I-140, Immigrant Petition for Alien Workers

13 years ago By Editor

Table A provides approval and denial data for petitioners of the I-140, Immigrant Petition for Alien Workers - (E-11 Extraordinary Ability, Professors, Researchers, or Executives)

Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010 

 

Fiscal Year

Approvals

Denials

Approval Rate

USCIS Memo on Evaluation of Evidence Submitted with Certain I-140 Petitions

13 years ago By Editor

This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:

Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);

Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and

Aliens of Exceptional Ability under section 203(b)(2) INA.

H-1 extension beyond 6 years

13 years ago By Chief Editor
Question details

My situation. I work for company A
1. My 6th yr H1-B ends in Dec 2011
2. Labor approved (PD May 2010) and I-140 (applied Sep 2010) pending - EB3
3. Once my I-140 gets approved (hopefully) my lawyer's plan to apply for a 3 yrs extension some time next year (Till Dec 2014).
After/If I do get my extension for 3yrs with my company A, then Can I change my job to company B in 2012(who is willing to do my labor and I-140 again).

An extended H-1 can be transferred, but obtain the extension before the former employer revokes the I-140. I see no issues (generally speaking) with a PD transfer, unless USCIS (not the employer) revokes the I-140. Ask your lawyers for details.

Job Change after I-140

13 years ago By Chief Editor
Question details

I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

Can my employer file a I-140 after I quit or he terminates me?

13 years ago By Chief Editor
Question details

I am currently employed on a H1B visa ( 7th yr extension). My employer had applied for Labor back in Jan 2009 but it hasn’t yet been approved. my employer now intends to terminate my employment by the end of the year ( lay offs/ I could quit voluntarily ) Can they still file for a I-140 ( based on a future job offer)? I would like to maintain my priority date. Also can a prospective employer file for a H1B extension based on a pending/approved labor after I no longer work for the current firm?

Both things are possible as long as the I-140 is filed in good faith. I have doubts about the I-140 approval if the job ceases to exist even temporarily.

Guestbook Entry for Sami, United States

13 years ago By Anonymous (not verified)
Name
Sami
Country
United States
State
Florida
Comment

I came to the United States by an H1B visa. The H1 visa was filed through my company's attorney which later I asked them to apply for my green card as well. Unfortunately, the attorney made several mistakes and I cancelled my contract with them. After some research and asking from friends and colleagues, I decided to go with the Law Offices of Rajiv S. Khanna whose web site, immigration.com is well known. Obviously the cost was higher than our company's attorney but I used to hear lots of sad stories about how some unexperienced attornies lost the customer's hope, time, and money. So, I think it was really worth it because last week I received my green card after less than 3 years. This is a very good record for EB2 category. Another Iranian friend of mine took about 7 years to get his GC! Heather Riddick, Art Shifflett, Mathew Chacko, and Rajiv Khanna worked on my cases during this time and I am extremely satisfied by their experience, knowledge, care, and accuracy. Cheers to all of them and thanks again!

EB2 approval after EB3 on the same labor certification

13 years ago By Rajiv S. Khanna

We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category.  After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature.  We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.

Team Notes
Menka

Green Card

Guestbook Entry for Neeraj Sharma, United States

13 years ago By Anonymous (not verified)
Name
Neeraj Sharma
Country
United States
State
California
Comment

I got my physical Green Card today. It has been a long 4-5 years and I must say that it could have NOT been possible without the constant support, guidance, diligent and patient hard work put in by Mr. Rajiv S Khanna and his stellar team of Mathew Chacko, Prerna Mehta, Richa Narang and others who I have interacted with in the past and are probably no longer with the law firm. This team was always a step ahead, instantaneous in answering ANY questions whatsoever. I have even spoken to Mr Rajiv himself at one occasion since I was really concerned about some issues and even though being extremely busy was very nice in giving me a phone appointment the very next day. He, along with his team were very courteous, non judgemental and above all very humble in their approach and conversation. I could NOT have been able to get through with this entire process without them. I did not receive any RFE, everything was done in time and with utmost precision. Once again Many thanks from the bottom of my heart. Neeraj

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