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I140 approved, I1485 not yet filed, 7th year of H1, changing employer, what are my options if new I140 is not approved in time?

Immigration 2 views 3 answers
I am on 7th year of my H1B visa, my I140 is approved from my current employer couple of years back. I-485 not yet filed as we are waiting for priority date to become current. If I switch employer now who is ready to transfer my H1B in premium processing, I assume that I can get another 3 year extension using my currently approved I-140 (assuming that they do not withdraw). The new employer is ready to sponsor GC for me. If my current employer withdraws I-140 after I leave, then 1. Do I need to have my I140 from my new employer approved prior to the 3 years extension (or may be by the time to file next extension) in order to maintain legal stay? 2. What are my options if the above does not happen by that time? 3. I am assuming that I can retain my priority date. Is it right? 2.

Attorney Answers

3
F Capriotti 2793192.Html ·
You are 'assuming' too much. Meet in private with an attorney ... with copies of all your papers in-hand.
0 upvotes
J Ferrari ·
1. Yes 2. Unknown 3. It can be recaptured. Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
0 upvotes
Katie D.T. SandersImmigration AttorneyRockville, MD ·
Generally you can extend your H status for 3 years beyond the 6 years based on an approved I-140 even if the I-140 was filed by a different employer as long as the I-140 has not been revoked. As long as the I-140 has not been revoked, the priority date can be transferred to a new I-140 at the time of filing the new I-140. It is not clear whether your I-140 is PERM based or stand alone. If it is PERM based, then generally you can extend the H for one year if the ending of the 7th year if after 365 days from the filing date of the PERM. I highly recommend that you schedule a consultation and/or retain a competent attorney to review the facts of your case and advice you the appropriate course to follow. I can be contacted at 301-355-6215.
0 upvotes

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