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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28676
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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This question is ... I have a question regarding I-140 &

Customer Question

This question is for Judith...Hi, I have a question regarding I-140 & H1-B; I am with Company A & have an I-140 (EB3 category) with them; I am in the 5th year of my H1 status with 15 more months to max out (6 years); I understand that with company A - maxing out is not an issue because I-140 is obtained...What happens when I change employers - say to Company B; When Company B applies for my H1 (H1 transfer), would they be able to get an approval for 3 years from now (considering an existing I-140 is in place) or would they be approved only for 15 more months & need to have their own I-140 in place before they could apply for further extensions ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Thanks for the request.

I-140 is approved or pending?

You are waiting for priority date and no I-485 filed, correct?

Judith

Customer: replied 1 year ago.
Hi Judith, I-140 approved (here again a question - is the approval email/Receipt number sufficient or do I need a soft copy of the USCIS notice for extensions?)Yes waiting on priority date (which is a never-ending wait for Indian citizens); And I am not sure if my current employer (Company A) would revoke the I-140 after I move out, is there anyway to find out if it has been revoked or not ?
Expert:  Judith Ludwic replied 1 year ago.

When Company B applies for my H1 (H1 transfer), would they be able to get an approval for 3 years from now (considering an existing I-140 is in place) or would they be approved only for 15 more months & need to have their own I-140 in place before they could apply for further extensions ?

B can get an extension for 3 years as long as the I-140 is not withdrawn by the Co A.

The only way to know if the petition is withdrawn is through the online status.

If the petition is withdrawn AFTER the extension for B is given for 3 years, USCIS can re-open your B petition and reduce the approval period to the 15 months you had remaining on the 6 years.

USCIS is not consistent in their action regarding this and there is no formal policy guidance on action which must be taken.

It is a gamble.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
Thanks for the response Judith..."USCIS can re-open your B petition and reduce the approval period to the 15 months you had remaining on the 6 years."
How often such a thing happens, asking because if this is the case no employee who completed 6 years already can ever switch employers; Just confused/curious to know...
Expert:  Judith Ludwic replied 1 year ago.

All I can tell you is it happens. AILA (our association) is in discussions with USCIS about this because it does put a obstacle in the way of a beneficiary from ever changing employers and it has a chilling effect on commerce.

We are anxiously awaiting USCIS to establish a favorable policy guidance for adjudicators to follow.

That is the best I can tell you.

Judith

Customer: replied 1 year ago.
Ok one last thing - What happens to an approved H-4 EAD of my spouse when my current employer (Company A) revoked the I-140; Can she continue until the already approved EAD period & how about further extensions based on my new H1 (lets say it gets approved for 3 years) ?