PERM filed in 6th / 7th Year year of initial H1B approval

#1

Amit

I have 2 variants of my same question.

  1. In the 6th year of employment, if my employer file PERM and I have not received PERM and so I140 is also not received, So a candidate leave the US after completing the H1B mandated time.

So 6 months after going offshore, If a candidate receive the PERM approval and subsequent I140 approval. Can he file the 3 years Cap exempt H1B application based on the I140 Approval.

  1. If the PERM and I140 is filed in 7th year (After consuming all 6 years of H1B ). Can he still file he cap exempt H1B from India or in this case since previous H1B is exhausted the candidate needs to file a CAP H1B only and go through the lottery process again.

Thanks

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(Anil Gupta) #2

Yes, you can file cap exempt H1B anytime and from outside USA as and when your PERM and i140 have been approved.

You can file cap exempt H1B even when PERM and i140 are approved after H1B 6 year completion.

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#3

Thanks for the Quick reply.

for 2nd Query, I would again like to highlight that PERM process in initiated and filed in 7th year and no process was undertaken till the 6th Year of regular H1B tenure.

and if the answer is yes, then can the last H1B holding employer can file PERM and I140 and subsequent cap exempt H1B or even employer any other employer can do also follow the same path to secure cap exempt H1B.

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(Anil Gupta) #4

Please understand that PERM and i140 for for future job and not related to H1B process.

H1B is dependent on PERM and i140 for extension after 6 th year and not PERM or i140.

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#5

I got that I140 process in essence that it is for future employment…

I am only trying to understand if an approved I140 (of any employer) be used to extend any past exhausted H1B (of any employer) irrespective of the PERM process timing.

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(Anil Gupta) #6

Approved i140 can be used to extend H1B with any employer.

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#7

Thanks… Thats helpful

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#8

Hi Anil…

I read somewhere in your post that an employer had revoked i140 after 180 days as well, and the only point was that the candidate left the employer before 180 days of his employment.

I am unable to locate the post, still wanted to check is that correct that a candidate’s i140 can be revoked after 180 days as well if he leaves employer before 180 days. Just to be safe.

Thanks

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(Anil Gupta) #9

Well, i agree that there is a post where someone’s i140 was revoked even after 180 days.
But, the person did not knew why it was done.

Officially, USCIS does not revoke it unless they find a fraud or mis-representation of facts.

It is possible that the Employer mis-represented something in that case and hence it was revoked.

The safest option is to stay and work with your Employer for at-least 180 days.

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#10

Right and then on drilling more he mentioned leaving his employer before 180 days, and that’s what acted as ingredient for his i140 revocation after 180 days…

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(Anil Gupta) #11

That’s what probably would have happened but there is no concrete information from USCIS on it.

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