You can use your old employer’s I140 to keep extending your #usa:h1b .
But, to file for your Green Card (i485), you would eventually need a new PERM and I140 at the time when your priority date becomes current.
So, in a nutshell, you do not need to immediately file PERm and I140 in the first year of your H1B transfer. After 1 year of your H1B (as you have hypothetically assumed), you can still use old I140 to further extend your H1B.
I have applied for H1 Extension & I my current I797A expiring by Oct 4th 2018. If USCIS deny my I-129 petition before Oct, will I go out of status & need to move out of country immediately? or I can stay until Oct 4th
I have one more question; is the H1 transfer & H1 transfer+extension are different? Do the employer explicitly ask for the extension during H1 transfer?
I want to get consultation on my wife’s H4 EAD RFE case. My I-140 was approved in 08/2017 from company A and i left my employer in 04/2018. My employer filed for withdrawing i140 in 08/2018 to uscis and it got approved. Technically it should not be withdrawn as I was with my employee more than 180 days right? Uscis has to check for my i-140 was approved since more than 180 days of withdrawn request. My new company B has not filed for my I-140 yet.
Due to this, my wife got RFE in H4 EAD extension. In REF USCIS asking for approved copy of I-140.
Hello Anil - Quick question… My i140 was approved with my previous employer (emp A incase this case) and they just withdrew the application as i am no longer with them it was well beyond 180 days so i should be able to retain the PD.
I am currently with employer B who has not yet started the i140 porting process. However i have new opportunity with employer C so i want to transfer H1B there.
Do you think i will face any issues trying to transfer my H1B to employer C? I am asking since my 140 is now in withdrawn state. This will be my 4th extension