Question details
I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.<br>
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?<br>
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?
You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.
Under AC21, you do not have to start a new green card if:
1. Your I-140 is approved;
2. Your I-485 has been pending for 180 days or more;
3. You will take an employment same as or similar to your green card job; and
4. You file Supplement J.
FAQ Transcript
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I'm writing to inform your firm of a successful 7th year H1 petition approval. My 7th year H1 was perhaps a little tricky because my H1 expired on the 365th day of LC pendency. However, the team at the NIV section was able to recover vacation days and also advised me on responding to an RFE on my case. I attribute the successful outcome of the petition on the sound advice and experience of your team. Overall, my experience with your firm has been very positive. Responses to even the simplest of queries are always professional and timely. Thanks for your efforts (Ursula, Anna)