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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Great advice on my case by Mr. Khanna
I had a trickery situation where I was
1. Changing my employer while being on H1B,
2. Moving out of country to assume my PR status in Canada, and
3. Wanted to work for my new company in US by frequently traveling back and forth from Canada.
Mr Khanna provided the correct advice of going for an H1B transfer instead of having a business (visitor) visa and since then, it has been a very smooth ride.
He helped us file for the transfer as well as my wife's H4 extension. His staff is also very courteous and helped us meet a tricky timeline during my transfer even though that meant working over time for them.
I have no doubt that Mr. Khanna is one of the very best immigration lawyers in US and I highly recommend him for his services.