Form I-140 FAQs

I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

Authored on: Tue, 09/20/2022 - 06:44

Question

I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

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I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485?

Authored on: Tue, 09/20/2022 - 06:32

Question

I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485?
 

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The H-1B remainder option: Calculating recapture of H-1B unused time

Authored on: Tue, 08/30/2022 - 07:01

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I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.

(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?

(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?

(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?

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How can we keep the immigration benefits of an approved I-140 (priority date and the right to extend H-1B beyond six years through any employer)?

Authored on: Tue, 06/28/2022 - 03:02

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Three months after the I-140 approval, I moved from the location of employment given in my PERM application. I will stay with the same company for 180 days after the I-140 approval. To keep all benefits of an approved I-140 after I change employers, what do I have to do? What is the impact of the change of location? Do I have to prove my intention to keep the job permanently? Will the USCIS revoke the I-140 because of the change of location or if I change employers?

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Denial of downgrade I-140 on the basis of the employer's ability to pay; impact on approved EB-2 and pending I-485?

Authored on: Tue, 06/28/2022 - 02:57

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My EB-2 I-140 was approved in 2014. Like many others, in 2020, I filed for a downgrade from EB-2 to EB-3 with the same employer. The EB-3 I-140 was denied on Ability to Pay grounds. Now, my EB-2 date is current and I have refiled an I-485. Will there be any impact of the denial on my approved EB-2 I-140 and I-485?

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Interfiling - the downgraded eb3 140 amendment is still pending?

Authored on: Sun, 06/19/2022 - 11:10

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Hello Rajivji, Following up on the above question: if the downgraded EB3 140 amendment petition is not yet approved, could we then interfile with the previously approved EB2 140? Since the EB3 140 filed as an amendment is not yet approved, is the previously approved EB2 140 still active and valid? If so, can we use it for interfiling? What is the right thing to do? Please advise. Appreciate your guidance!

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I see no problem with interfiling as long as the 140 amendment is not approved (it should have been filed as a "new petition"). You need your lawyers' review and the final decision, but legally, I see no issue.

Using old I-140/H-1B for new employer while relocated to India

Authored on: Sun, 06/19/2022 - 10:29

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I have an H1-B/ I-140 question for you and your team. Please see below: I came to India in 2019 to get my H1 stamped along with my family and got stuck. I got a 221(g), and RFE during the process but my employer got things sorted out. Then my employer also amended my petition and I re-appeared for visa stamping interview and got stuck again due to an ‘end client’ issue. Then Covid made things worse in 2020. Questions for your team: I have an approved I-140 with my old firm (on Eb-2) with a priority date of Jan 29, 2014. I am not on a US payroll since I came to India (in 2019) & my last approved petition also expired in Jan 2022. If a new firm had to take over my H1-B case can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner ? If so, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to US? What is the porting time frame after coming to US? Is Premium processing available for porting old I-140 (& priority date) to the new employer? Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US. Your help and feedback on the above matter will be greatly appreciated. Thanks!

Answer

Q. Can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner?
A. Yes, you can.

Q. If yes, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to the US? What is the porting time frame after coming to the US? Is Premium processing available for porting old I-140 (& priority date) to the new employer?
A. Priority date can be ported for sure if your I-140 stayed approved till at least 17 January 2017, when there was a change in regulations in favor of the employees. Earlier, the situation was uncertain if the employer withdrew the I-140. Under the current regulations, that is not a problem for priority date transfer.

Q. Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US?
A. Adjustment of Status (AOS) is not possible. The new employer will have to start the green card all over again, carrying the old priority date.

I-485 interfiling to use EB-2 instead of EB-3 with a new employer

Authored on: Fri, 06/17/2022 - 02:23

Question

I'm an Indian national living in the USA.

1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.

Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)

Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.

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Employee is outside The US. How to continue a green card through consular processing?

Authored on: Fri, 06/17/2022 - 02:14

Question

I have a valid I-140 from my old employer and have not ported it to my current employer. Currently, I am not staying in the US, and my dates have become current.
I have below clarifications:
Can we file for Consular processing GC from abroad through my previous employer if they are open to hiring me back. At the same time I don't want to impact my current job as the old employer does not have their presence outside the US.  As per my knowledge, I cannot file GC through CP; however, if I move back to the US will I be able to file I-485 without joining my old employer?

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Green card application for parents during tourist visa

Authored on: Sun, 06/12/2022 - 02:35

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As per I-94, parents are admitted until 8th August 2022 for their B2 visa. We just sent the I-130/I-485 documents to USCIS.

Q1. What happens if there is no receipt generated till 7th August? Do parents have to leave the country?

Q2. If receipt is generated after they have left the country, what happens to the GC process?

Q3. If receipt is generated in time then what is the process to extend their stay or are they automatically eligible to stay till the GC process is completed?
 

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