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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7876
Experience:  Experienced in all aspects of immigration and nationality law.
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I am on H1B have approved I-140.If i change my employer can

Resolved Question:

I am on H1B have approved I-140.If i change my employer can i port my priority date and when i transfer h1b do i get 3 yr extension by using approved I-140 from my current employer.

What if my employer just inform USCIS i have left company is this revocation of i-140?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
Hello! Thank you for using Just Answer. I'm happy to answer your immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.

QUESTION: I am on H1B have approved I-140.If i change my employer can i port my priority date?
ANSWER: Yes. The priority date may be ported if you are changing employer.

QUESTION: When i transfer h1b, do i get 3 yr extension by using approved I-140 from my current employer.
ANSWER: Yes. The I-140 and the H1B have no relation to each other, other than to provide you a basis for an extension past 6 years. But the I-140 is for a future job offer, so the employers do not necessarily have to be related or the same.

QUESTION: What if my employer just inform USCIS i have left company is this revocation of i-140?
ANSWER: No. Informing them, alone, is not a revocation. However if they informed the USCIS that they no longer wish to sponsor the I-140, that is a revocation.

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Thank you!
Customer: replied 2 years ago.

If my employer withdraw or revoke i-140 still can i port my PD? get 3 yrs extension after 6 yrs?

Expert:  Expert James replied 2 years ago.
If the I-140 is revoked, you can still port the priority date.

If you are not the recipient of an approved I-40, then you are not eligible for the 3 year extension. If you get the extension before the I-140 is revoked, then you can continue on the extension.

If the I-140 is withdrawn or revoked before the H1B extension is requested or before another I-140 is approved, then you are not eligible for the extension.

I hope I have answered your questions. If I have, please click the green button or give me a positive rating. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!
Customer: replied 2 years ago.

what do you mean by If you are not the recipient of an approved I-140

I do have copy of approval.

 

Expert:  Expert James replied 2 years ago.
Not if it is revoked. If it is revoked, you no longer have an approved I-140.

I hope I have answered your questions. If I have, please click the green button or give me a positive rating. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!
Customer: replied 2 years ago.

I am confused you mean to say

If the I-140 is revoked, I can still port the priority date. But not get 3 yr extension.

 

Expert:  Expert James replied 2 years ago.
The H1B has no relation to the I-140 except that the approved I-140 can make you eligible for a 3-year extension of the H1B.

Yes, if the I-140 is revoked, you can port the priority date. But if it is revoked, you cannot get an H1B extension past the 6th year, UNLESS you get another I-140 approved first.

I hope I have answered your questions. If I have, please click the green button or give me a positive rating. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7876
Experience: Experienced in all aspects of immigration and nationality law.
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