However I will be able to retain my PD once the new petition has been approved. I have an i140 approved through my current employer. Your employer can provide supporting documents like vendor agreement or contract between your employer and your client. See H-1B Statistics. If an immigrant visa number is available, the USCIS will allow "concurrent filing": it will accept forms I-140 and I-485 submitted in the same package or will accept form I-485 even before the approval of the I-140. In other words, visa stamped on your passport is. If I get an H1B transfer with a I-140 approved, I am guessing the new company will have to start the PERM process all over again. Top Exempt New H1B. Changing jobs after a green card approval throws a wrench into an already complicated process. I'm not still eligible to apply for I-485 as the priority dates are not current now. Also, sign up for Case Status Online to:. There is a high chance your new F-1 visa or change of status application will be rejected because of the immigrant intent that you showed with your I-140. We address your. Now the next questions are like what do I do with the H1B approval notice, when can I apply for visa stamping, when can I work in the US. My Employer filed for H1 Extension based on I 140 approval on July 28th 2017. What if my employer just inform USCIS i have left company is this revocation of i-140?. If you are still a full-time employee in good standing at an approved H1B employer, and have a valid H1B visa stamp, or can apply for a new one on a short trip abroad without a harrowing, uncertain and lengthy procedure, then until the mid-2017 it was vastly preferable to use the H1B visa for travel, as it did not entail going through Secondary. and request a visa at a U. Under 8 CFR 204. The USCIS issued a memo on May 30, 2008 regarding the provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). New Jersey Feb 25th, DesiOPT - F1 visa students find OPT Jobs (Optional Practical Training), CPT Jobs, H1B Jobs - OPT Students looking for jobs can find OPT employers who can sponsor H1b, CPT internship jobs, OPT CPT training or part-time OPT CPT jobs. Trying to understand I have I-140 approved and it's more than 180 days means I can transfer h1b to new employer in same occupational classification and no need to file for labor and I-140 with new employer as old employer's I-140 is valid. , Renewal Stamping / Interview Process in Matamoros, Mexico. You can change employer using i140 and file H1B transfer multiple times as long as your Green. I have an approved I-140. I understand that Company A is about to revoke my I140. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. Now to keep my wife’s job alive, I want to remain on L1B till my I140 is approved on L1B VISA, And after I140 approval is it possible to transfer to H1B VISA again without applying again for new H1B lottery ? Can you please suggest, How this is possible ? Thanks, Like Like. PUNE: The US Citizen and Immigration Services (USCIS) has approved fewer intracompany transfer visas in its financial year 2019, with analysts attributing it mostly to improper documentation by applicants. Transfers of an H1B do not count toward your cap. The employer hasnt filed the new petition yet. An H1B visa is a temporary, non-immigrant visa that allows the visa holder to work for a specific company within the United States. > New H1B Visa Rules That Will Benefit Foreign Workers New H1B Visa Rules That Will Benefit Foreign Workers While non-immigrant job seekers in the US await changes to the H1B visa program in a Trump administration, the USCIS has quietly changed a few rules making life easier for current H1B visa holders. During the appeal period for the denial notice, Can I do an H1. You obviously must be the spouse of an H-1B visa holder who either has an approved I-140 petition and is unable to file for permanent residency because the priority date is backlogged…. You can apply for cap exempt H1B later anytime in future with approved i140. ***With respect to Loose/Consulate H1B petitions and H1B Change of Status petitions,. Now i had to change my employer last month. However, as soon as you get to company B I will recommend you to file a new Labor Certification and a new I-140, so down the road your able to go ahead and get another extension. Basically my I140 was in approved status for about 4 years. Once your PERM Labor Certificate is approved, your employer will file a Form I-140 - known as Immigrant Petition for Alien Worker - on your behalf. my priority date is Oct 2016. This will help you porting your PD with new employer. Approved I-140 and I-485 Not Pending 180 Days. If I change to a new H1B employer, can my spouse continue to work using her H-4 EAD? 09 Apr 2018. i140 H1B Extension or Transfer After 6 Years. Also, the 'come back anytime' requires an H1B to be filed first and approved based on the I-140. 9% in FY19, compared to 77. And since my I140 will be invalid with the new employer, I may lose my status. If you have came to US on H-1B with 3 Year validity and then you can apply for another 3 year extension even I-140 is not approved. New Jersey-based immigration law firm Fragomen, Del Rey, Bernsen & Loewy said in a statement. The number. , attorneys from the Murthy Law Firm. It is sufficient for one to have the I-140 approved and the priority date retrogressed. In my case I an in India now and only 9 days left to recoup in my. After the PERM Labor Certification is approved, the employer then needs to file the Immigrant Petition for an Alien Worker, Form I-140. For EB1-A Alien of Extraordinary Ability and EB-2 National Interest Waiver, the alien can do self-petition. OR New H-1B petition from the new employer comes under H-1 cap count?. H1B Extension with Previous Employer approved I140 Posted: 31 Jan 2013 I am on H1B, have an approved I140 with employer A. You are allowed to submit an H1B extension petition six (6) months prior to the expiration of the current visa. The rule states that a pending I-140 petition may be approved and used for adjustment of status if the petitioner established its ability to pay at time of filing, and if all other eligibility criteria were met at time of I-140 filing, and those criteria are still met with the new job offer when the I-485 has been pending for 180 days. PUNE: The US Citizen and Immigration Services (USCIS) has approved fewer intracompany transfer visas in its financial year 2019, with analysts attributing it mostly to improper documentation by applicants. Now to keep my wife’s job alive, I want to remain on L1B till my I140 is approved on L1B VISA, And after I140 approval is it possible to transfer to H1B VISA again without applying again for new H1B lottery ? Can you please suggest, How this is possible ? Thanks, Like Like. We offer services likes H1B specialty occupation RFE, H1B wage level RFE, extension denied, opinion letters and I-140 RFE and employment at the lowest cost. if we take company transfer to Canada, i understand H1B will be canceled but do I140 keeps ongoing or it stops if we are in same company. If the I-140 is withdrawn after an H1B extension is granted, the USCIS has issued guidance that it will honor the H1B approval for the entire validity period. I have an approved I140 but my new role requires the employer to re-file the LCA and I140. Please suggest. Overview of the H-1B, H-1B1 and E-3 Temporary Programs. Do not grant EAD to all I-140 approved petitioners this will Impact Americans in IT industry Any EAD is being misused by people to create fake resumes and market themselves as 8 to 10 years experienced candidates. Even if you switch employers, you will be able to file extension based on approved I-140 from your previous employer. However, as soon as you get to company B I will recommend you to file a new Labor Certification and a new I-140, so down the road your able to go ahead and get another extension. H-1B Extensions will be issued in 1 year increments until: 1) The PERM petition is denied, or if the PERM is approved until the I-140 is denied. I am an Indian citizen, currently working in the US on the H1B visa. Step 2) Register your account using below link (so you. The final rule clarifies the circumstances under which an approved Immigrant Petition for Alien Worker (Form I-140 petition) remains valid, even after the petitioner withdraws the petition or the petitioner's business terminates, including for purposes of status extension applications. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. NIW (National Interest Waiver) Aliens with Extraordinary Ability EB-1(A) Outstanding Researchers / Professors; Multinational Executives and Managers. if I find a new employer and have them file my H1B again and have them also file my LC and latter I140/485. Do I need a new non-immigrant visa? My H1B Employment Petition (USCIS Form I-797) shows an employment start date. Now i had to change my employer last month. The number suggests that the demand for these work visas has not gone down despite processing regulations getting more stringent post-2015. But, the I-140 must remain valid until the H1B is approved. H1B Transfer with Withdrawn i140. I94 expired, H1B extension denied, I 140 approved. Form I-140 petition validity. Eb2 interview 2018. The way they do it they do it through a process of advertising. An I-140 petition is the second step in the employment based Green Card process. The employee needs to have the degree or its equivalent that qualifies them for this position. Old I-140 is still valid as per USCIS records online. The popular visa, beloved by the tech industry, is a pathway for. I have an approved I140 from a previous employer. After completing the I-140 form, the applicant files Form I-485 to adjust their status from an H1B visa holder to a green card holder. I-140 petition is the 2nd step in a 3-step process for employment based green card. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. i140 H1B Extension or Transfer After 6 Years. I have my I-140 approved in 2012. For EB1-A Alien of Extraordinary Ability and EB-2 National Interest Waiver, the alien can do self-petition. Zoe Lofgren, have been blown out of proportion and creating confusion and anxiety in many current and prospective H1B visa holders. When you are approved for the H1B visa stamping interview, several documents will be needed from you. We plan to get married sometime next year in our home country. An H-1B is a non-immigrant visa. I'm not still eligible to apply for I-485 as the priority dates are not current now. , Renewal Stamping / Interview Process in Matamoros, Mexico. However, I recently read that the US visa cannot be a "work permit" so I don't know if the H1B counts. You can apply for cap exempt H1B later anytime in future with approved i140. MUMBAI: The US has approved a higher number of H-1B applications (both for initial visas and visa extensions for continued employment) this year, showing that the demand for these work visas. You mentioned that you applied for an H-1B extension. TN is still ok so far. Q: After my I-140 was approved, I filed my I-485. There are limited exceptions unless the I-140 is revoked for. Since my OPT will expire in August, technically I still have a legal status in the U. Zoe Lofgren, have been blown out of proportion and creating confusion and anxiety in many current and prospective H1B visa holders. If granted, the extension will last for three years, after which it must be renewed. For EB1-A Alien of Extraordinary Ability and EB-2 National Interest Waiver, the alien can do self-petition. I was under the impression that Indians with a valid US visa can simply apply for a Travel Authorization Certificate online. Now the next questions are like what do I do with the H1B approval notice, when can I apply for visa stamping, when can I work in the US. Termination of an H1B employee has some consequences that employers should be aware of. With this new rule, Can I retain my old priority date of 10Feb2010, when my new Employer B files the I140 ? 2. Dates below are in MM/DD/YYYY format. Do we have to file for a new prevailing wage document for 3 year H1B renewal based on approved I-140. It is better to leave the employer on good terms and request them to not withdraw the I-140. It is pretty clear that the risk to F1 is very high if you have an approved I140so unless absolutely needed, just avoid any international travel. You can come back to US anytime to use your remaining H1B 4 years even without i140 preferably in next 6 years. I have an approved I140 but my new role requires the employer to re-file the LCA and I140. But the visa has not been stamped yet in my passport. I have been advised to wait till the approval comes through. In other words, visa stamped on your passport is. Without i140, 7th yr extension if PERM pending 365+ days, including Audit. After a while I want some other employer to file my H-1B petition other then with approved I-140 employer. If so, how? Also, if I go for the scheduled appointment which is 2 weeks from now, and meanwhile my H1B transfer gets approved, what do I do? Can I enter the US with the following: company B's 797 approval and the corresponding stamp on my passport, but with a new H1B transfer approval letter, in the name of firm A?. The labor certification requires the employer to go through a process of testing the market, the labor market. Alien number is printed on the H1B approval notice for an individual who has a previously approved I-140 application. (There are ways to extend your six-year duration on the H1B. my questions: 1. Recent speculations by media and news websites, solely based on " Leaked Executive Order on H1B, L1 Visas by Trump's Administration" and the recent H1B Bill "High-Skilled Integrity and Fairness Act of 2017" introduced in house by Rep. The transfer petition does not need to be issued before you start work. My I140 has been approved in EB2 category. We address your. My H1B expired on 17th Sept 2012, and then I shifted to H4 (dependent to wife H1B) and anticipated for I140 approval. Today's top 342 H1b jobs in New Jersey, United States. May I still take advantage of this new rule? A: Once you have received the approval from the State Department, you may take advantage of this new law. H1B transfer can be applied more than once and not only this, at the same time you can apply for H1B transfer for more than one company. Most Indians on H1B who work for body shops in the US are willing victims who are fine working for a lower wage as long they are promised a GC in the near future. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. my priority date is Oct 2016. We offer services likes H1B specialty occupation RFE, H1B wage level RFE, extension denied, opinion letters and I-140 RFE and employment at the lowest cost. Just type employer name and find H1B Salaries, LCA Reports, Approved and Denied Cases - By Employers, States or Job Titles. If granted, the extension will last for three years, after which it must be renewed. You can apply for cap exempt H1B later anytime in future with approved i140. Do we have to file for a new prevailing wage document for 3 year H1B renewal based on approved I-140. H1b visa approval without client letter. I was working for them while on OPT and they laid me off in May. Great question! This gives me the chance to highlight a very important fact that sometimes gets caught up in the confusion and complexity of it all: the H-1B is not required for a green card. Read 1 Answer from lawyers to Can i file for i-140 while on F1 (expired visa) with an H1B approval pending? The PERM is approved, working on CPT. My advice is to to wait for company A H1B result as your i94 has already expired. i140 h1b extension after 6 yrs with current / new company. Generally, USCIS assigns A# to a person after the person's permanent residency petition, such as I140 is approved. Here is the good news regarding I-140 EAD Rule. Either can be used. Provided that the applicant was at the time of the approved I-140 petition ineligible to apply for adjustment of status, he or she will be granted a three-year extension of H1B status. My I94 expired in Oct 2017, and I am currently in India since July 2018. Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case, as it is the employer, and not you, who. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. I am an Indian citizen. If the 140 is approved, you can still file for a 7th year H1B. Zoe Lofgren, have been blown out of proportion and creating confusion and anxiety in many current and prospective H1B visa holders. This is our situation. Dates below are in MM/DD/YYYY format. You would be able to port your earlier I140 date. H1B Transfers Simplified. With this new rule, Can I retain my old priority date of 10Feb2010, when my new Employer B files the I140 ? 2. There is no limit to how many times this can be done, so long as your PERM or I-140 application is being processed. We address your. I filed my foreign residency waiver with the State Department but have not gotten it approved yet it by the USCIS. Table B: I-140 E-12 Approval/Denial by Fiscal Year 2005 to 2010. New Prevailing wage for H1B extension on approved I-140 Posted: 02 Feb 2010. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Eb2 interview 2018. With our experience, the process is step-by-step. Old I-140 is still valid as per USCIS records online. My I-140 was approved in 2016 and my current H1B is valid till 2020. We address your. If you have came to US on H-1B with 3 Year validity and then you can apply for another 3 year extension even I-140 is not approved. How To Check h1b Visa Status Online: Getting a job in the United States is the dream of everyone. We will look at the background before the new memo, reason for these new requirements, what is it and who all it will impact. Can a company B apply for a cap exempt H1 based on my approved I140. H-1B Visa applications, whether they are new H-1B visas or an H-1B transfer or H-1B extension, do require careful attention and strong communication — but with both in place, the process is often more simple, and more stress free than many of our clients expect. However, the foreign national will need a new job offer or a new I-140 petition to obtain employment-based permanent residence. The short answer is yes. You mentioned that you applied for an H-1B extension. My new H1b will be also issued from the same laboratory. If I am laid off before the I-485 is approved, do I have to start the greencard application all over again?. my employer told me the reason as they suspect if they have in house project. Moving to Canada from USA with Approved I140. I am affected by layoffs in my current employment, i have around 30 days notice period before separation. H1B Transfers Simplified. H1B visa status can be stretched out past 6 years if remote national is recovering time spent outside the US amid the previous 6 years in H1B status. I have an approved I140 but my new role requires the employer to re-file the LCA and I140. Good luck,. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. Form I-140 petition validity. Related Links: H1B Visa Cap / Quota for FY 2020 H-1B Visa Overview H-1B Visa Renewal / Extension H-1B Visa Transfer Amended H-1B Visa New H-1B Visa, Cap Exempt H-1B Visa for Entrepreneurs H-1B Visa. Brought to you by the Shah Peerally Law Group PC located in Newark CA. In July 2002, U. I have not changed employers and will be working for the same employer. Use previous employer approved i-140. To transfer H1B visa the Form I 129, Petition for Non Immigrant Worker should be filed by the new employer. My I-140 was approved in 2016 and my current H1B is valid till 2020. ? If Yes, what is the processing time for the new prevailing wage system handled from DOL in washington DC?. Recent speculations by media and news websites, solely based on " Leaked Executive Order on H1B, L1 Visas by Trump's Administration" and the recent H1B Bill "High-Skilled Integrity and Fairness Act of 2017" introduced in house by Rep. The number of approved L-1A and L-1B visas stood at 71. The foreign professional is able to apply for an H1B visa extension status for up to 3 years if the applicant has an approved I-140 petition for the EB-1, EB-2 or EB-3 employment-based green card classifications and the immigrant visa number is unavailable. I'm not still eligible to apply for I-485 as the priority dates are not current now. I have been working on h1b in a small firm since 2010. The above report lists the top 1 - 25 H1B Visa sponsors in fiscal year 2015. Am currently awaiting for the official denial notice to get the details. Where the I-140 petition has been approved, the acquiring company must file a new I-140 petition, but may use the underlying approved labor certification filed by the acquired company. My I-140 was approved with my previous employer late last year. Many of the lucky ones, selected in H1B Visa Lottery and have approved H1B petition notice, might be wondering what are the next steps. The H1B process is separate from the green card process. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. H1B Transfer with Withdrawn i140. Without i140, 7th yr extension if PERM pending 365+ days, including Audit. Citizenship and Immigration Services (USCIS) to classify an alien beneficiary as eligible for an immigrant visa based on employment. Thus once such I-140 remains valid, H-1B can change employer and work with a new employer in a new H-1B status using the approved I-140. However I will be able to retain my PD once the new petition has been approved. Along with this you can also apply for three year H1B extension with an approved I140. Discuss issues related to H1B visas, H1B Transfers, H1B extensions, Request for Evidence, I-140 petitions, AC21, immigration law, US Immigration lawyer, H1B attorneys, H1B Cap, and other employment based immigration issues. The moment the I-140 is approved, the Priority Date is yours. 2045) now has rules that enable valid H1B visa holders to change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission. Because F-1 visas are reserved for those with nonimmigrant intent only, there is a high chance her new F-1 visa application or change of status petition will be denied. I have an approved I-140. 5(e), a foreign national is eligible to use the priority date from an earlier approved I-140 petition for a new I-140 petition filed by a different employer based on a different labor certification, or no labor certification at all. The only thing it isn't valid for is when it comes time to file for I-485. We all know the pain of waiting for green card to establish our self completely in the Land of free after working for years. My I-140 was approved with my previous employer late last year. You obviously must be the spouse of an H-1B visa holder who either has an approved I-140 petition and is unable to file for permanent residency because the priority date is backlogged…. (With valid visa & I-94 / Without valid Visa & I-94); Situation : After Extension or Transfer Denial & later approved through Consular processing; 3 case details added below. Without i140, 7th yr extension if PERM pending 365+ days, including Audit. Use i140 extend your H1B stay in US after 6 year. If an employer files for a new H1B for me, will I be cap exempt and do I have to wait until Oct 2019 before I can join the employer in US?. With this new rule, Can I retain my old priority date of 10Feb2010, when my new Employer B files the I140 ? 2. You would be able to port your earlier I140 date. New Delhi: The US has approved a higher number of H-1B applications (both for initial visas and visa extensions for continued employment) in 2019. Use previous employer approved i-140. In my case I an in India now and only 9 days left to recoup in my expired H1b. Generally, USCIS assigns A# to a person after the person's permanent residency petition, such as I140 is approved. Unfortunately, he was laid off recently, and his last paycheck will be Aug. My new H1b will be also issued from the same laboratory. I am affected by layoffs in my current employment, i have around 30 days notice period before separation. Immigration law news H1b 2018, H4 EAD, I-140 new laws, H1b radio news, I-140 denying, I-140 , H1b extension, H1B new rules, 2018 changes on H1B, H4 EAD new rules, eb1a, eb1b, eb1c, greencard. if we take company transfer to Canada, i understand H1B will be canceled but do I140 keeps ongoing or it stops if we are in same company. New H1b Transfer jobs added daily. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. However, as soon as you get to company B I will recommend you to file a new Labor Certification and a new I-140, so down the road your able to go ahead and get another extension. I have an approved I140 from a previous employer. I checked your web site, it is very attractive to me. After completing the I-140 form, the applicant files Form I-485 to adjust their status from an H1B visa holder to a green card holder. In fact, the rule that allows for a three-year H1B extension, based on an I-140 petition approval and the retrogression of dates, does not have a 365-day requirement. The filing address depends on whether you are filing Form I-140 by itself or with another form. If an immigrant visa number is available, the USCIS will allow "concurrent filing": it will accept forms I-140 and I-485 submitted in the same package or will accept form I-485 even before the approval of the I-140. The transfer petition does not need to be issued before you start work. My current petition and I-94 is valid till Sep 2020. (With valid visa & I-94 / Without valid Visa & I-94); Situation : After Extension or Transfer Denial & later approved through Consular processing; 3 case details added below. Step 2) Register your account using below link (so you. In the new proposed rule, it looks like after 180 days the I140 is not eligible for automatic revocation. H1 B Extension Denied I140 Approved Posted: 21 Dec 2017 Hi Sir/Madam, I am in my Sixth year of H1. Do you have a case pending with USCIS that is outside the normal processing time? You can get an idea of how long it will take to process your case on our website a Check Processing Times. Citizenship and Immigration Service (USCIS), on a case-by case-basis, is nibbling away at the H-1B program while not making any obvious major policy changes. Hi Rohit, If you had an approved I-140 from your first employer, the priority date is not yet current, and your employer has not revoked the I-140 petition, you can use the approved I-140 to file a new H1b petition with a new company without being subject to the cap. My advice is to to wait for company A H1B result as your i94 has already expired. Leverage your professional network, and get hired. Employment-Based Immigration. If I plan to continue working for my employer in the US, at what point should we apply for an H1 extension? Answer #1 - You should apply for an H1B extension prior to expiration of the visa. The employer hasnt filed the new petition yet. It might take a month from what I understand. And so I have a chart here behind me the chose case the whole process. It’s very likely. PD date is March 2012 and have an approved I140. Hello Experts, I got my I-140 approved through a Company A and i'm currently on my 9th year H1b which is valid till Feb2014 (This 3 years extension was based on that I-140). Because F-1 visas are reserved for those with nonimmigrant intent only, there is a high chance her new F-1 visa application or change of status petition will be denied. Once your PERM Labor Certificate is approved, your employer will file a Form I-140 - known as Immigrant Petition for Alien Worker - on your behalf. So if you have approved I140 you don't have to worry about quota or lottery. H1b visa approval without client letter. Discuss issues related to H1B visas, H1B Transfers, H1B extensions, Request for Evidence, I-140 petitions, AC21, immigration law, US Immigration lawyer, H1B attorneys, H1B Cap, and other employment based immigration issues. And since my I140 will be invalid with the new employer, I may lose my status. My H1B expired on 17th Sept 2012, and then I shifted to H4 (dependent to wife H1B) and anticipated for I140 approval. I-140 approved, H1B transfer, I-140 transfer to new Employer B. Overview of the H-1B, H-1B1 and E-3 Temporary Programs. But the visa has not been stamped yet in my passport. ***With respect to Loose/Consulate H1B petitions and H1B Change of Status petitions,. Citizenship and Immigration Services (USCIS) to classify an alien beneficiary as eligible for an immigrant visa based on employment. Questions: 1. Once she has a visa and is the beneficiary of a new, approved H-1B visa, she may return to the U. It’s very likely. You can file for H1B transfer with new employer right away. How to find your Alien Registration Number on your visa documents like H1b, I140, F1, EAD, Green Card. Under 8 CFR 204. The H1B transfer bill approved in the senate and House (bill S. H1B status can be extended in one year increments, indefinitely, past the sixth year if: a. Employer B had applied for my H1b transfer with that I-140 and got new H1b extn for 3 years. If I change to a new H1B employer, can my spouse continue to work using her H-4 EAD? 09 Apr 2018. We recommend using a of an H4 experience immigration lawyer to help. Its obviously taking a long time to get the approval notice. If I am laid off before the I-485 is approved, do I have to start the greencard application all over again?. The transfer petition does not need to be issued before you start work. Dates below are in MM/DD/YYYY format. My I94 expired in Oct 2017, and I am currently in India since July 2018. Now to keep my wife’s job alive, I want to remain on L1B till my I140 is approved on L1B VISA, And after I140 approval is it possible to transfer to H1B VISA again without applying again for new H1B lottery ? Can you please suggest, How this is possible ? Thanks, Like Like. No matter what, your new employer would have to file for an H1B transfer for you. NIW (National Interest Waiver) Aliens with Extraordinary Ability EB-1(A) Outstanding Researchers / Professors; Multinational Executives and Managers. If I plan to continue working for my employer in the US, at what point should we apply for an H1 extension? Answer #1 - You should apply for an H1B extension prior to expiration of the visa. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. Great question! This gives me the chance to highlight a very important fact that sometimes gets caught up in the confusion and complexity of it all: the H-1B is not required for a green card. Reply Delete. However, the foreign national will need a new job offer or a new I-140 petition to obtain employment-based permanent residence. In fact, the rule that allows for a three-year H1B extension, based on an I-140 petition approval and the retrogression of dates, does not have a 365-day requirement. The new H1B is pending. Can I leave and re-enter the US during the validity of my current visa, i. If you are still a full-time employee in good standing at an approved H1B employer, and have a valid H1B visa stamp, or can apply for a new one on a short trip abroad without a harrowing, uncertain and lengthy procedure, then until the mid-2017 it was vastly preferable to use the H1B visa for travel, as it did not entail going through Secondary. Use previous employer approved i-140. My I-140 was approved with my previous employer late last year. Here's Next Steps After H1B Visa Approval by USCIS - From I797 Approval Notice, Visa Stamping, Travel to the USA. Watch this thread Start a new thread Add a post. View Francesco Griguolo’s professional profile on LinkedIn. In other words, visa stamped on your passport is. XOOM - Get $20 in Amazon gift card :