
bharat2008
02-05 08:56 AM
Hi,
I have I-140 approved(ABC company) and have 5 months left in my first 6 year cycle. I was laid off from the job. A New employer XYZ applied for my H1B extension based on I-140 approval and got approved for 3 years.But I was unable to join
XYZ due to family situation and moved back to India.
Questions:
1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.
or
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ?I have copy of the H1B approval but not sure if it has been revoked.
Please advice.
Thank you in advance.
I have I-140 approved(ABC company) and have 5 months left in my first 6 year cycle. I was laid off from the job. A New employer XYZ applied for my H1B extension based on I-140 approval and got approved for 3 years.But I was unable to join
XYZ due to family situation and moved back to India.
Questions:
1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.
or
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ?I have copy of the H1B approval but not sure if it has been revoked.
Please advice.
Thank you in advance.
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RonWeisly
08-09 06:51 PM
Hi,
I believe someone already asked a similar question but I just want to describe my exact situation:
- My LC (EB3) got approved on July 2007, PD is March 2007 - Company A
- My I-140 and I-485 were filed concurrently on July 2007 - Company A
- I work as a contractor and my client (Company B) is offering me a full-time job and would like me to join on Sept 2007
- I still have 4 years on my H1B
With the assumption that my current employer (Company A) will give full cooperation on my current GC process, if I join company B on H1B transfer now, can I possibly invoke AC21 later after my I-140 gets approved and I-485 is pending for more than 180 days?
I'll greatly appreciate any comments.
I believe someone already asked a similar question but I just want to describe my exact situation:
- My LC (EB3) got approved on July 2007, PD is March 2007 - Company A
- My I-140 and I-485 were filed concurrently on July 2007 - Company A
- I work as a contractor and my client (Company B) is offering me a full-time job and would like me to join on Sept 2007
- I still have 4 years on my H1B
With the assumption that my current employer (Company A) will give full cooperation on my current GC process, if I join company B on H1B transfer now, can I possibly invoke AC21 later after my I-140 gets approved and I-485 is pending for more than 180 days?
I'll greatly appreciate any comments.
Steve Mitchell
September 14th, 2007, 11:06 AM
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