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
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Work Done: H1B/H4 Can people contact me as a reference: Yes This is my 10th year H1B extension and Fran Fisher handled my H1B case. I consider my H1B extension as bit complicated. I had I140 approved notice from my previous employer and the extension was obtained based on this aproved I 140 from my previous employer. H1B extension was filed with premium processing. Because of Fran Fisher's and Mr. Khannas expertise and paper work... there was no RFEs and the petition was approved in 12 days.www.immigration.com is the best.