An H-1B is a non-immigrant visa. An I-140 is a immigrant petition for a worker and generally requires an approved labor certification. 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 would need to file for either one.

Aug 27, 2014 · Also, the USCIS FORM I-539 does inquire ( Part 4. # 3. b.) whether you have filed an immigrant petition, which in your case is the FORM I-140. Therefore, the filing of the FORMs I-140/I-485 can have an impact on a future F-1.

May 23, 2013 · An I-129 is used by a Petition in connection with the applicable Supplement for various nonimmigrant status requests. The I-140 is usually the second stage of a green card application (some exceptions for Schedule A cases and Priority Workers) It is best not to practice immigration law on your own -- too complicated.

Feb 25, 2020 · The calculation of the "180 day rule" you are inquiring about starts on the day the I-140 is approved. Once it has been 6 months since that approval date the employer "withdrawing" that I-140 will have no effect on your ability to "port" to another employer/job "in the same or similar" occupation/job/industry, as long as will also have an I-485 filed at least 6 …

Oct 5, 2024 · Previous Employer A can revoke their approved I-140 after 180 without an impact on Future H1b Extensions of the new Employers in the Future. The new employer would require an approved I-140 for the H1 to file a green card for employment with them.

Aug 15, 2017 · I have I-140 approved with my previous employer. My previous employer did not revoke my I-140. My new employer applied for the H1B transfer and received a 3-year extension. I have valid visa stamp with the new employer until 2018-Feb. My new employer laid-off me. My question: How long I can stay in the USA? Is 60-day grace period applicable to ...

May 27, 2015 · If evidence of the previously approved I-140 was submitted with the newly filed I-140, then yes, the new I-140 approval notice should include the old priority date. Check with your employer's immigration counsel.

Aug 23, 2013 · Right now I am working with employer B on H1b (transferred from employer A). But I did not port I-140 as I have a good relation with employer A. Now employer A is asking me to port I-140 or he will withdraw because he wants to file more I-140 for other employee and he is giving me excuse that his balance sheet can not support all I-140.

Dec 8, 2012 · No, in your particular situation you cannot extend your H-1B for an additional 3 years based on your I-140's approval, because: 1. The 3 year I-140 renewal provision has been put into effect to alleviate the consequences for a foreign national not being able to AOS after the I-140 approval due to VISA RETROGRESSION (backlogged employment based ...

Aug 5, 2015 · No. You are not entitled to a copy of the receipt. Obtaining status updates is extremely difficult without the receipt number. USCIS will not provide information unless you are the petitioner or the petitioner's attorney. The Form I-140 belongs to the petitioning employer not the alien beneficiary. you will hopefully get a copy in your FOIA ...