USCIS updated Form I-140, Immigrant Petition for Alien Worker. The new edition is dated 04/28/16. The old edition11/20/15 edition also still accepted.
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
I was a student on F-1 (MS), and I got my H-1B two years ago. My company has started GC process and already got my I-140 approved. But I want to go back to school this fall (law school), which means I'll have to change my status back to F-1 again.
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.
It was a pleasure to work with attorney Rajiv Khanna and his dedicated team members, specially Diane. They have helped filing my green card application effectively, cleared all the queries on time, and provided appropriate guidance at every critical moments towards the approval of our immigration visa in the EB1A category (now E11). We filed the I-140 petition from India in Oct. 2016. I was kind of nervous when got the I-140 RFE. However, the excellently drafted RFE response was sufficient to convince the USCIS personnel to get approval of I-140 in Feb. 2017. Consequently we applied for immigration visa to National Visa Center (NVC) through consular processing and finally the immigration visa got approved in Oct. 2017. So it took exactly 1 year from the filing of I-140 to the approval of immigration visa. During this period, I contacted Rajiv, Diane and Suman (another dedicated team member) hundred of times and got the necessary and effective suggestions promptly. They were also available for multiple video calls through Skype for discussing the major issues. I never felt I am outside of US. I'll highly recommend 'Law Offices of Rajiv S. Khanna' if you are planning to apply for US green card (immigration visa) or even other types of visa, either from US or even from outside, like me. Thank you very much Rajiv Ji and the team :)
FAQ: Is interview required for compelling circumstances EAD? || Can we open a company while on EAD? What kind of questions/documents will be needed in the I-185 AOS interview? || Does H-1B extension denial invalidate an existing H-1B? || What can be done if an H-1B is denied while in the USA? ||Impact of taking a long break while on H-1B.
Other: Traveling while an H-1B is pending || Impact on naturalization of an incorrect name in the past ||Working from home on and H-1B ||Name updated on form I-140||Applying for L-2 EAD and change of status to H-1B ||Erroneous name on passport, visiting on a tourist visa ||Applying for H-4 EAD, I 140 withdrawn before 2017 ||H-1B issued without an I 94||I 485 delay, etc.
I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
2. Is it recommendable to switch now in between of pending approval process of I-140?
3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?
Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.
Now answering your questions
Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. But you will get only three years if the I-140 is approved. Not if it is pending.
Answer 2. I don't recommend it. I think you should get your I-140 premiums, get it approved and then leave if you want to.
Answer 3. I don't think that is a major issue, but do talk to your lawyers. Hence it makes sense in my view not to change until the I-140 is approved.
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.
Excellent Work!!! Rajiv Khanna, Art Shifflett , and the Team provided outstanding support, near perfection to get the work done. Rajiv and Art, thank you very much for the support provided by you for my GC LC and I140, that 's a tremendous work by you to answer all the Audits / Supervised Audits. It's impressive work from you. Its nice working with you.
Regards,
Ravi Bhavanari