USCIS Forms Update Notice
USCIS recently updated the following form(s):
USCIS recently updated the following form(s):
Discussion Topics, Thursday, 26 January 2017:
FAQ: Traveling after applying for naturalization/citizenship pending; "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn; Serial H-1 transfers with multiple employers - H-1 transfers while another H-1 pending; What types of marriages in foreign countries are considered legal in the USA; Can an I-485 be filed without the help of an employer; FAQ: Impact on H-1 and green card of employer company's bankruptcy; FAQ: Impact of child turning 21 - green card, H-4, F-1; Delay in naturalization; Travel During H-1B Transfer/Extension Pending; Starting a nonprofit organization while on H-1 visa; H-1B expiring, PERM not filed, options; Trump and employment based immigration.
Other: Quota exemption from H-1 because of prior approval; Changing roles impact on PERM green card; Impact on green card of changing jobs; I-131/N-470 for children; etc.
I heard your community conference call for 1st December, you mentioned that even though the approved I-140 is withdrawn by a previous employer after 180 days of approval we should still eligible for H1 extensions with a new employer.
My question here: is it required that new employer need to file labor and I-140 in order to apply for extensions or can I just keep on applying for H1B extensions based on my first I-140 approval?
You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.
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.
I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?
PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.
Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
I currently have my I-140 approved from two employers for a Senior Software engineer position under EB3 quota. I have my green card EAD with priority date: Nov 2014. I-485 has been pending for more than 180 days. I expect to be promoted to be a manager in the same line of work in the next 6 months. Due to personal circumstances, I might have to move to a different employer right after. Could you please let me know if there are any concerns if I switch right after getting promoted? The job duties would change but the line of work will be the same.
I do not see any problem because remember there is the possibility of self-portability as well. But of course, you should have your lawyers review the two job descriptions and make sure they are same or similar.
Note: Where transcribed from audio/video, 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.
Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest