Frequently Asked Questions - Form I-140

  1. I-140 Withdrawal vs NOIR in AC21 Context
  2. Ability to Pay
  3. Qualifying Degrees for EB-2
  4. I-140 Successor-in-Interest
  5. Multiple I-140 Approvals and Linking to I-485
  6. I-140 Expedite requests
  7. I-140 Petition and Inability to Pay
  8. Premium Processing not available to multi-national executives and managers
  9. I-140 Evidence for Ability to Pay
  10. Green Card through Consular Processing with Approved I-140
  11. I-140 Petition Through Premium Processing
  12. Spouse of an O-1 - next step to Green Card
  13. Can I process I-140 with previous company
  14. Can approved I-140 be revoked?
  15. Switching Jobs after I-140 approval
  16. H-1 extension beyond 6 years
  17. Can I change jobs and file PERM and I-140 under EB-2
  18. Job Change after I-140
  19. Can my employer file a I-140 after I quit or he terminates me?
  20. Approval of I-140
  21. Out of Status
  22. Importance of having continuity of employment/pay stubs
  23. EB3 to EB2 and I-140 Refile
  24. Use of priority date
  25. H1 6th Yr - Labor Approved - NO I-140
  26. I-140 Denied
  27. Current USCIS procedures for PD transfer and AOS
  28. AC-21 Ability to pay
  29. I-140 application, experience certificate
  30. I-290B AAO Process case online status question
  31. I-140 may get revoked. What happens to priority date?
  32. Obtaining H-1 Extension beyond 6 years
  33. RFE after the I-140 was approved
  34. H-1 Extension based upon spouse's 140; Child born in USA
  35. USCIS Finally correct 140 Premium Policy
  36. Multiple I-140 filings
  37. GC future job; H-1 ext. revocation upon 140 denial, etc
  38. Employers and Employees -- H-1 or EAD?
  39. CIS Reinstates Limited I-140 Premium Processing
  40. If I-140 gets revoked/denied does my H-1 extension get canceled?
  41. Expected I-140 denial
  42. What to do if an I-140 gets rejected?
  43. Supervisory review
  44. Birth certificate problems for parents
  45. Implications of the 240 days grace period
  46. Covid Coronavirus H-1B employee furlough's impact on green card and H-1B
  47. EB-1C International Managers/Executive Green Card portability
  48. I-140 revocation
  49. Risk for green card process in joining a small company, unfamiliar with immigration
  50. Consequences of losing my job on H-1B and revocation of I-140
  51. Change in green card job responsibilities and/or job title during the process
  52. Impact on Green Card of Job Promotions
  53. Options for Career or School, While Employment-Based Green Card is Pending
  54. Options to Stay in the USA After Expiration of H-1B
  55. Getting H-1B Extensions Based on of I-140 Approval of Spouse
  56. Is H-4 EAD Tied to an Employer of H-1 Holder or to an I-140?
  57. Downgrading a Case from EB-2 to EB-3 for Priority Date Advantage
  58. What to do When the 240 Days H-1B Work Authorization is Expiring?
  59. The Logistics of Porting a Priority Date, How to?
  60. EB-2 Approved - Applying for EB-3
  61. Status Expiring During the Pendency of an H-1B extension
  62. Continuing Employment-Based Green Card While Moving Outside the USA
  63. Transfer of Priority Date on an I-140 Process
  64. Effect of L-1A Denial on Approved I-140 Green Card
  65. How Can I Downgrade from EB-2 to EB-3 and Consequences
  66. Porting Priority Date from EB-2 to EB-1
  67. Can I Join My Old Employer If The H-1B Transfer Is Denied?
  68. H-4 EAD Based Upon Prior Employers
  69. Applying for H-4 Status While on Parole
  70. Getting Promotions Or Changing Job Description While Green Card Is Pending
  71. Can A Green Card Be Filed For Me If I am On H-4 or L-2?
  72. Changing Jobs After I-140 Approval
  73. Can EB-2 Approved File For EB-3
  74. Effect of I-140 Revocation on Priority Date, H-1B Extensions Through Any Employer, etc.
  75. At What Stage Should I Join My Future Green Card Employer?
  76. H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
  77. 180 Rule for Priority Dates/H-1B Extension
  78. H-1B Tranfer, AC21 and I-140 Process
  79. Change of Status to Student F-1 While Green Card is in Process
  80. AC-21 Job Portability, Changing Jobs Before 180 Days
  81. Change in Job Title after Getting a Green Card Approval
  82. Effect of Salary Variations During L-1A Visa
  83. Changing Jobs After I-140 Approval, Returning to the Old Job, etc.
  84. AC21 Green Card Portability For A Lateral Move From Developer To Analyst
  85. Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
  86. Transfer from H-1 (with I-140 approved) to H-4 EAD
  87. New Regulations, Effect on Layoff after I-140 Approval
  88. Child Status Protection Act in Employment-Based Petitions
  89. Is a Copy of I-140 Approval Required to Extend H-1 B?
  90. Compelling Circumstances EAD
  91. Changing Jobs and Supplement J
  92. Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
  93. Filing green card through multiple categories or employers and/or family simultaneously
  94. I-140 Revoked By Last Employer
  95. Change of Job Description / Job Location on PERM and I-140
  96. Consequences of I-140 revocation
  97. Do jobs have to be same or similar when I port my priority date?
  98. Changing employers after 6 years of H-1 are over
  99. Can I go back and join an employer who has my I-140 approval, but I left them
  100. What if I never joined the employer who sponsored me for green card?
  101. "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn
  102. Compelling circumstances EAD
  103. AC21, changing jobs, when to file Supplement J
  104. Impact of the new I-140 regulations
  105. EAD on the Basis of Approved I-140
  106. Using Green Card Experience Gained with End Client
  107. Will H-4 EAD Rule be revoked?
  108. The new regulations, withdrawal of I-140, H-1 extensions
  109. Changing Employers With An Approved I-140 After January 17 2017
  110. How do we keep up with the rumors and changes in the laws
  111. Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.
  112. Regarding H-1B Extensions
  113. What is new regulations for H-1 grace period, revocation of I-140 ?
  114. Changing Jobs After I-140 Approval
  115. Changing Back to F-1 Student Status After Filing for Green Card
  116. I-140 approved - H-1B renewal
  117. The Proposed I-140 EAD Rule - FAQ's
  118. Difference between I-140 withdrawn and revoked
  119. No loss of priority date if employer revokes I-140; Green card through future employer
  120. Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
  121. Obtaining copies of approval notice and other documents through FOIA
  122. Writ of Mandamus against delay
  123. Priority date loss upon revocation of I-140
  124. For PERM is formal certificate required or completion of degree is enough
  125. Changing employers - what immigration documents should I keep
  126. H4 - EAD validation if H-1B holder moved to another company
  127. Priority date port and multiple I-485/AOS petitions
  128. I-485/AOS/AC21 issues in job through future employer - I-485/AOS
  129. Regarding Form G-884 (Returns of original documents)
  130. Refiling I-140 using old PERM (after 180 days)
  131. H-4 EAD filing based upon I-140
  132. Requirements for Extension of H-1 beyond 6 years
  133. Change jobs without having to file for I-140 again
  134. How to get a copy of I-140 approval
  135. Green card through two employers and future employer
  136. H-4 EAD Rule
  137. Procedure for Porting a Priority Date from One I-140 to Another
  138. Changing from EB-3 to EB-2 Category
  139. Changing Jobs During Green Card
  140. Using Obama's Immigration Action to Apply for AOS/EAD
  141. I-140 Revoked after AC21 Portability
  142. Concurrent AOS filing for EB-2 Physical Therapist
  143. Obama's Immigration Action EAD At I-140 Stage
  144. H-4 and I-140
  145. Discrepancies In Date Of Birth Information
  146. Do Not Have Copy of I-140 Approval Notice But Have Receipt
  147. I-140 for H-1B Extension
  148. Eligibility for I-140, Undocumented Dreamer
  149. I-140 Pending Approval
  150. Retaining PD
I-140 Withdrawal vs NOIR in AC21 Context
A couple of questions I have in extension to the I-140 withdrawal by employer are below. If I have I-1485 pending for more than a year via company A and I join company B using my EAD/AC21: a. what will be the impact if Company-A decides to withdraw/cancel/dissolve the I-140? b. Is there a possibility for a NOIR to occur on the I140 which had been approved in 2011? If yes what is the impact in either cases? What are the measures I need to take in either case?

a. No effect on your AC21 right, but you cannot extend future H-1 (if you need them).

b. Oh yes.

Ability to Pay
1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence? 2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability? 3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status? 4. Why are prorated net assets not sufficient evidence to support ability to pay? 5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?

1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.

2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.

Qualifying Degrees for EB-2
What degrees qualify for EB-2?

In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:

1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.

I-140 Successor-in-Interest
Is any action required when an I-140 sponsoring employer undergoes acquisition, merger, or restructuring?

If the I-140 petition is still pending, then USCIS needs to be notified in writing of the change. If the I-140 is already approved, then an amendment needs to be filed by the successor-in-interest petitioner. Note that the successor-in-interest petitioner must take over the rights and liabilities of the earlier petitioner, including the immigration matters.

Multiple I-140 Approvals and Linking to I-485
When there are multiple I-140 approvals, how do you link the appropriate approval to the pending I-485 petition?

If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval.

I-140 Expedite requests
What is the process for I-140 expedite requests?
I-140 Petition and Inability to Pay
What is the process for responding to USCIS’ concern about inability to pay in an I-140 petition?

According to USCIS, a letter is acceptable from a financial officer validating 100 employees and ability to pay. However, further information can be requested in case there are other reasons that show an inability to pay. Please keep in mind the employer in the RFE should be given the reason for the request. It is also important to know that USCIS might take the letter from the financial officer due to discretion.

Premium Processing not available to multi-national executives and managers
Why is Premium Processing not available to multi-national executives and managers? To exclude this group of aliens seems arbitrary and counter-intuitive.

USCIS has not yet finalized the system and has not announced when it will begin.

I-140 Evidence for Ability to Pay
What kind of evidence is acceptable to show ability to pay wages in an I-140?

The regulations state that for ability to pay wages, USCIS will accept copies of annual reports, federal tax returns, or audited financial statements. If the employer has more than 100 workers, a statement from a financial officer of the organization can be submitted to establish the ability to pay the proffered wage.

Green Card through Consular Processing with Approved I-140
Question 1. I have done MS from US and worked on H-1 for 5 years. Started GC process, I-140 approved with Priority date May 2011. Came to India for H-1 stamping and it was denied twice. If I apply for my H-1 and if I don't get H-1, then can my employer continue processing my GC through Consular Processing when I am in India. Also is there any law stating that my employer can not keep the I-140 when my H-1 has been expired & if it so then for how long can my employer keep my I-140 active? Question 2. If my employer revoke my I-140 & if I come to US on any other visa, then Can I process my GC and port the PD ?

Answer 1. As long as the job offer exists and the employer is capable of paying the wages, the green card process can go on, even though you are not in USA. You should discuss this matter in detail with your lawyers to better understand the implications. Also, I-140's do not expire.

Answer 2. PD can be ported even if the 140 is revoked by employer. I have a video on this issue 

I-140 Petition Through Premium Processing
Should I file my I-140 petition through regular processing or premium processing?

Currently USCIS is accepting premium processing for certain I-140 categories. In addition to the regular filing fee, there is an additional $1,225.00 filing fee to upgrade to premium processing. If an I-140 is filed with premium processing, USCIS will issue a determination or an RFE within 15 calendar days.

Typically, these are some of the reasons when an I-140 should be filed through premium processing:
1) When an I-140 approval is needed to extend H-1 beyond the 6 years. Please see Rajiv’s blog entry for more information:

Spouse of an O-1 - next step to Green Card
I am the spouse of an O-1 visa holder and we live in the US (so I am on an O-3). His company is putting together the application for his green card, but do they need to do a separate one for me too? Or do I get one automatically if he gets one? Or do I have to wait until he gets one and then he applies for one for me? And what about our children - too young to work yet, but want to make sure they are ok too.

The way it works is that the company can file everyone's AOS (Form I-485) together OR they can first get your husband's I-140 approval and leave you to file the last step (AOS) for the family.

Can I process I-140 with previous company
I got I-140 cleared through current company and labor approved from previous company. Can I process I-140 through previous company (to get PD to 2008)?

Yes, but only if the labor cert is still not time barred (within 180 days of its approval); the employer still has the intention to hire you some time before or after the approval of your green card; and you have the good faith intention of joining them.

Can approved I-140 be revoked?
My current employer has filed for my greencard. My I-140 was approved last year. I have 2 more years on my H-1B. I want to change employers and want to know whether: My current employer can revoke my I-140 for changing companies? Even if they do so, can I maintain my Priority Date?

The old employer can withdraw I-140, but the applicant will still be able to retain the Priority Date.  Please review the latest information on this topic:  Priority Date Can Be Carried Forward Even if Old I-140 is Revoked (Unless Fraud or Misrepresentation) –July 7, 2012

Switching Jobs after I-140 approval
I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12, 1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)? 2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

H-1 extension beyond 6 years
My situation. I work for company A 1. My 6th yr H1-B ends in Dec 2011 2. Labor approved (PD May 2010) and I-140 (applied Sep 2010) pending - EB3 3. Once my I-140 gets approved (hopefully) my lawyer's plan to apply for a 3 yrs extension some time next year (Till Dec 2014). After/If I do get my extension for 3yrs with my company A, then Can I change my job to company B in 2012(who is willing to do my labor and I-140 again).

An extended H-1 can be transferred, but obtain the extension before the former employer revokes the I-140. I see no issues (generally speaking) with a PD transfer, unless USCIS (not the employer) revokes the I-140. Ask your lawyers for details.

Can I change jobs and file PERM and I-140 under EB-2
Can I change jobs and file PERM and I-140 under EB2 instead prior EB3 with the new employer. How risky the situation is? I can stay with my current employer, but it is going to take at another 3 years to get my GC under EB3. My PD is Feb 2007.
Job Change after I-140
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

Can my employer file a I-140 after I quit or he terminates me?
I am currently employed on a H1B visa ( 7th yr extension). My employer had applied for Labor back in Jan 2009 but it hasn’t yet been approved. my employer now intends to terminate my employment by the end of the year ( lay offs/ I could quit voluntarily ) Can they still file for a I-140 ( based on a future job offer)? I would like to maintain my priority date. Also can a prospective employer file for a H1B extension based on a pending/approved labor after I no longer work for the current firm?

Both things are possible as long as the I-140 is filed in good faith. I have doubts about the I-140 approval if the job ceases to exist even temporarily.

Approval of I-140
My I-140 has been approved. My company is working on the getting the green card done. My question is can I quit my job with my current company and get a job in a new state and a new company? Does this affect the status of the green card application. Any idea of how long will it take after this step.

CHANGING EMPLOYER WITHOUT I-140 APPLICATION
If a person changes employers without ever applying for I-140, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer.

WHAT IF I-140 IS DENIED
The PD cannot be transferred

CHANGING EMPLOYER AFTER I-140 APPROVAL

Out of Status
How many months gap is permisible for H-1 and also in GC process if person is on H-1 ? I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock ) (Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )

A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'

Importance of having continuity of employment/pay stubs
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.

Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.

In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.

For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.

EB3 to EB2 and I-140 Refile
I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business. 1. The new company B is in same County and State(but different cities). 2. I Will be doing similar or same work in a similar position. 3. H1B transfered from Company A to Company B. 1) Can company B use Company A Labor certicate and refile the I-140 again? 2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

Use of priority date
I am on an H1B Visa and my wife is on H4. She is about to finish her nursing school. My I140 is pending along with both our 485's. My question is.. if my wife finds an employer who is willing to file an I140 for her can we use my priority date and the already applied I485's to get the green card? My priority date is sept 2001. EB3.

Your wife cannot transfer your priority date to her case.

H1 6th Yr - Labor Approved - NO I-140
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140. Is there any option left for me?

Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).

I-140 Denied
My I-140 got Denied on Aug 17 on Ability to pay after a RFE.Reason for Denial is "Employer had filed more than 30 cases since sep 2008, and company's net Asset $4M(approx) AND Liablity $2M (approx) and so the net "LIABILITY" is $1M (4-2=1 but they have calculate as -1).30 cases with $1M libality is not sufficient to support this Immigrant , company needs more than $3M to support 30 cases. The truth is (as per my employer) that we have filed 29 cases since 2006 and not sep 2008 also company has more funds and the numbers 4M and 2M are incorrect.What can be done ?

You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.

Current USCIS procedures for PD transfer and AOS
Recenlty we submitted my NOID response for my 485. Today called USCIS customer service about my status of my 485.They said its PreAdjucated waiting for Visa number.But they mentioned I have 2 I-140s in my file 1.EB3 PD,2002 2.EB2 PD,2005. They said which date first current then that 140 will use. I am not sure about EB3 140( i don't have any info about this 140).B'cos i filed my 485 with Eb2 140.My case is Ac-21 .So i wasn't with both employers now. Is that above statement correct? Do i need to do anything now or just stay calm until either of EB category comes current? Please advice.

I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.

AC-21 Ability to pay
I have changed employer using AC-21. I-140 appoved - Jan'09. I-485 filed July 2007. PD June 2007, EB-3 ROW. My previous employer will not withdraw my approved I-140. I am current working on EAD with my current employer. My current employer filed for Bankruptcy under chapter 11. Do you think I might have an issue of ability of pay when I renew my AP and EAD. Thank you in advance for your help.

Normally, ability to pay is not an issue for AC21 employer. But these are unexplored situations. Tough to predict.

I-140 application, experience certificate
I am asked by my lawyer to obtain experience letters from my 2 previous employers in their letter head and signed by someone from HR. Is this something that is required for the application of I-140?

In my view, these letters should be obtained BEFORE the PERM application is even started. It can be one of the required and key pieces of evidence in I-140. But the preparation to deal with this issue has to be made even before the PERM application is drafted.

I-290B AAO Process case online status question
I am looking for your advice here, my online case status for denied I-140's appeal I-290B as "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office." this status is there for past 19 months with no further updates, recenetly opened SR recieved response saying my case is pending at AAO office in washington, which one is correct,Is my case transfered back to USCIS or still with AAO any idea. is there anyway to expedite my denied/appeal I-140 I am on 7th year H1b extension. Incase appeal denied what are the options I have.

Call AAO directly. They should be able to tell you what is going on. If the case was transferred back to CIS, that is at least partly good news. That means the appeal was not denied. As to options, you need to make an appointment for consultation with your own lawyers or us.

I-140 may get revoked. What happens to priority date?
This is regarding my husband. My Husband's GC is filed through Employer A. His LC & 140 got approved. We did not file 485. He recently got a good job opportunity and transfered his visa to Employer B. We have priority date of Nov 2007 in EB2. But Employer A may revoke the 140 as my husband is no longer an employee of company A. We do have the copy of approved 140 with us. Employer B is wiling to start his GC process this year. Can we port the old 140's priority date even though the original 140 is revoked? Will it be lost if approved 140 is revoked?

The old employer can withdraw I-140, but the applicant will still be able to retain the Priority Date.  Please review the latest information on this topic:  Priority Date Can Be Carried Forward Even if Old I-140 is Revoked (Unless Fraud or Misrepresentation) –July 7, 2012

Obtaining H-1 Extension beyond 6 years
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and

RFE after the I-140 was approved
1. One of my friend had his 140 approved in 2005. He has his 485 pending since 2005. now he got RFE which essentialy says that 140 was approved in error and asks for ability pay prooof. Can USCIS go back and raise RFE's in this manner? 2. If yes then would he have been better if he had changed the job using AC21 ? My impression was that Once one is eligible for ac21( 180 days past 485) , RFE's related to old employer should not come. seeing this , using AC21 seems very risky. what happens if someone changes job and then USCIS says that 140 approved was in error , and asks for bunch of proof from the old company. what is your take?

1. There is some legal argument for saying no, but in my opinion, USCIS can do this. In fact, I think there is a 9th circuit case from last week that says they can.

2. My take is AC21 would be a better idea, although, not fool proof.

I detest this current trend of USCIS of over-scrutinizing every case and making impossible demands while operating in an environment of regulation by memorandum. I could share some horror stories with you.

H-1 Extension based upon spouse's 140; Child born in USA

Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?

Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.
 

USCIS Finally correct 140 Premium Policy

Back in June 2008, we, on behalf of clients and community, had sent a letter to USCIS pointing out their defective policy. After 8 months, they have finally (partly) corrected the problem. Read the letter and the details here:
http://forums.immigration.com/blog.php?b=15

The second memo from USCIS is attached.

 

Multiple I-140 filings
Our community member spring09 says: Hi Rajiv, Thanks in advance. I have an question and keeping me up during nights. I am working on H1 with comp A, who has filed for my I-140 in Feb-08. And I also have an Approved I-140 ( Jul'07), have filed for I-485 and also have EAD from company B. I have never used my EAD from comp B, nor have I worked for comp B. Could there be any issues, which I should be prepared for? As I know it is legal to file for more than one I-140. Thanks again.

As to possible issues, I can probably write a book. Generally speaking, you can have as many I-140's as you like as long each is motivated by a genuine desire to accept a job before or upon approval of the green card. As to your specific situation, consult your lawyers if they feel there is any problem. I hope this helps you sleep better.

GC future job; H-1 ext. revocation upon 140 denial, etc
I have just been accepted into a residency program here at a university. I am currently working in the same department as a clinical research associate on H1B since april 2006, they have applied for my permanent residency in EB-2 for the same position and I am on 7th year H1B valid till nov 2009. My I-140 is in process and I have responded to RFE on oct 16th and have not got any reply so far. Priority date is oct 2007. The residency starts in july I think I can continue on H1B till my I-140 is pending and since my green card process is in the same department they have assured me that they will not withdraw my I-140 and that I’ll come back and work in the position of research associate after my residency(4years). Please let me know if this is legally possible as they have the intent to hire and I have the intent to join them when green card is approved.

Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.

Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.

Employers and Employees -- H-1 or EAD?
Considering that the economy is not doing that good and sometimes projects get over and consultants go on "bench" without any clients kinda situation, this is something not that uncommon. Related to this, as being on a H1B requires me to maintain the LCA salary as mentioned on my W2, would switching to EAD with my sponsoring employer help with getting away from this restriction? Does that also mean that if I don't get paid by my employer for a certain period and I am on an EAD, there is no issue with my GC/status at all as there is no H1B. Just trying to find out what the possible advantages would be at this time with EAD.

 There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.

Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.

CIS Reinstates Limited I-140 Premium Processing

The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html

Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and

If I-140 gets revoked/denied does my H-1 extension get canceled?

Quote:

If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?

Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.

Quote:

Expected I-140 denial
Thanks in advance for your help. My current situation is this : 1. Applied for I140 and received RFE 2. RFE requires Employer's 2007 tax document and my recent W2 3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008. 4. This is my 6th year in H1 B and it expires in October,2009 My questions are: 1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor? 2. If Labor is approved, can I file my I140 premium and apply for 7th year extension? 3. How long will it take to cancel the current I140? Please help me out regarding this situation. Thanks and awaiting for your valuable suggestions.

 You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.

What to do if an I-140 gets rejected?
Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are: 1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending? 2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009? 3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then? 4. If at all everything is rejected what can I do to start residency in july if I match? If all else fails what are my options to continue working in the US? My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)

Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.

Supervisory review
Filed I-130 and I-485 oct 29/07,went for interview feb/08 and have not heard anything from immigration.Is this normal for USCIS.When I did infopass was told that case is under supervisory review,what does this mean.

Pretty much anything can be within the context of a case. Supervisory review means just that - a review by a senior level adjudicator. Usually, that means there is some unusual procedural or legal issue involved. The good news is that, means your case is being reviewed, the bad, we don't know for what. You can try to go through a Congressman's office to find out more if you like.

Birth certificate problems for parents
I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries: The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage? My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states: "Exceptions: Birth certificates are not available to persons born prior to 1968. " Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?
Implications of the 240 days grace period
I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?
Covid Coronavirus H-1B employee furlough's impact on green card and H-1B
I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back towork for the same employer or do I need to find a new job?
EB-1C International Managers/Executive Green Card portability
1. I work for an MNC, who filed my GC in EB1C, I-140 approved 2 years back, I-485 filed almost 2 years back, completed I-485 interview an year back, also holds a renewed EAD/AP card. My company laid off me recently, so my L1-A will soon get invalid. I got an offer from another company in similar role and responsibilities (SOC code: 113021), so planning to move using AC21 portability. However, my first employer was in e-commerce, whereas new employer in banking domain. So, my new job offer compensation will be 10% less than the salary mentioned in my I-140/I-485 by my current employer. 2. My case is genuine as my current employer is laying off and my role got impacted, with Coronavurus pandemic, it's difficult to find new jobs. Though the roles and responsibilities (role as people manager) will be same, but domain and industry are different and hence, salaries will be different in different industries. 3. Within how months should we file I-485J and what documents do I need to provide to my new employer when joining the company? 4. By the way, my current employer suggested to use AC21 portability to move to any new employer and confirmed that they wont cancel my I-140.
I-140 revocation
1. I have my I-140 approved 2 months back and my employer is not ready to share the approval notice, is there any way to get it? 2. I am planning to look out for a job change and will my I-140 still be there if I change my employer or is there any time period I have to be with the employer or can they revoke my I-140??, as I am planning to get EAD for my wife on my I-140.
Risk for green card process in joining a small company, unfamiliar with immigration
I have an approved I-140 with priority date of June 2013 from Employer "A". I moved to employer "B" in 2018 and extended my H1-B till June 2021. He is currently processing my labor for new application. Meanwhile, I got offers from "C" and "D". "C" is an established firm and is well aware of the immigration process. "D" is a small business enterprise started about 2 years ago and haven't sponsored any employee yet.
Consequences of losing my job on H-1B and revocation of I-140
I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015 Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ? How many days I stay in USA and search Job ? My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ? Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed) If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ?
Change in green card job responsibilities and/or job title during the process
I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following - · Generally someone with industry knowledge and/or software knowledge · SME in multiple areas · Able to assist in even more areas · Able to work without management intervention My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following - · SME in a lot of areas · Able to work in any area · Able to talk accurately about the whole product whenever and wherever regardless of audience · “Manager” on the floor, a mentor to “all” that need help, trusted adviser · The one that the Engineer level people go to and want to be My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined. I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years. I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
Impact on Green Card of Job Promotions
My Employer has filed my GC in 2014 and I got my I140 but if I want to change a different role within my organization (Changing Cost center), will that impact my current GC processing. Should they start the GC processing from the begining ?
Options for Career or School, While Employment-Based Green Card is Pending
I have been working on H1B for a IT consulting company ( employer A), at a client location. My employer will file for I 485 in about 2 months. I am thinking of a few alternatives and wanted to understand the scenarios in which my GC petition might get cancelled or denied by the USCIS or considered abandoned by me. What precautions I need to take if I follow any of the below scenarios. 1.Take a job with a different employer ( may or may not be same/similar to the job with employer “A” ) 2. Leave and join a graduate program full time ( may be after I get EAD, so that I do not have to change to F1 student visa) 3. Leave the employer A and leave the USA, go to home country, India. I may or may not take a job in India which may or may not be same/similar to the job with employer “A”
Options to Stay in the USA After Expiration of H-1B
1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? 2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
Getting H-1B Extensions Based on of I-140 Approval of Spouse
My wife's I-140 was approved and I was also on her I-140. My non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140? Also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?
Is H-4 EAD Tied to an Employer of H-1 Holder or to an I-140?
I had an approved i140 from employer A for over a year. And my wife has her H4 and EAD approved recently (employer A). In between, I switched to a new employer B and they have filed her H4 and EAD together with my H1b application. Currently her H4 & EAD is pending from employer B, but my H1b from employer B is approved. my i140 with employer B is not started yet but previous employer i140 was approved for more than 180 days. In this scneario, can the H4EAD approved with my previous employer A's i140 can still be used/valid?
Downgrading a Case from EB-2 to EB-3 for Priority Date Advantage
I am with my current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far. 1) Can my employer file me under EB-3 concurrently without affecting my existing EB-2 filling? 2) If yes then what is the procedure for that? Do I have to do my labor and I-140 once again?
What to do When the 240 Days H-1B Work Authorization is Expiring?
My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are : 1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ? 2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?
The Logistics of Porting a Priority Date, How to?
I had a approved I-140 from Employer-A under EB3 category with PD-Oct’12. My new Employer-B filed for I-140 under EB2 and obtained an approval. However, the PD is Jul’18 even though priority date porting was requested. Employer-A has not revoked the approved I-140. Not sure if this is a typo or default PD on the form with the assumption that I-485 can be applied when EB2 is Oct’12.
EB-2 Approved - Applying for EB-3
I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?
Status Expiring During the Pendency of an H-1B extension
1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week. I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing. 1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018, I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial. 2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here. If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally? or is h1b extension is considered as abandoned?
Continuing Employment-Based Green Card While Moving Outside the USA
I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. Questions 1. If Priority date becomes current during my stay in Canada then what are my options. 2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129. 3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else? 4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ? 5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.
Transfer of Priority Date on an I-140 Process
I had EB-2 I-140 with PD of March 2017 , My EB-1 I-140 is Aug 2018. My attorney has filed for amendment of priority date - How this works , will they open the case again ? How long will it take to get the amended I-140 with old priority date.
Effect of L-1A Denial on Approved I-140 Green Card
I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria. I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current. My L-1A COS is rejected (Denied) . Will this impact my already approved I-140 ?
How Can I Downgrade from EB-2 to EB-3 and Consequences
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Porting Priority Date from EB-2 to EB-1
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
Can I Join My Old Employer If The H-1B Transfer Is Denied?
I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions: 1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved? 2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied? 3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now? 4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected? Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?
H-4 EAD Based Upon Prior Employers
I am currently working with employer A on H-1B visa with I-140 approved for over 180 days. My wife is on F-1 EAD. I am planning to move her visa status from F-1 to H-4 EAD AFTER I join Employer B next month based on my approved I-140 from my employer A. My questions are: 1. Once I join employer B, will I be able to apply for my wife's H4 EAD based on approved I140 which I have from employer A? Can I apply both visa status change (F1 to H4) and application for H4 EAD concurrently? 2. In other words, will changing my employer impact my wife's eligibility to get H-4 EAD based on my approved I-140 from previous employer? 3. Can I change multiple employer based on I-140 approved from employer A? If yes, what if employer B has already started green card process (PERM)? 4. If I get I-140 approved from employer B also then what will happen to I-140 approved with employer A?
Applying for H-4 Status While on Parole
I have I-140 and I-485 pending. H-1B ended on May 2018 and applied for extension which is pending. Spouse entered US under parole status and is valid till December 2018, H4 visa has expired in May 2018 Can spouse apply for H-4 extension after approval of H-1B extension? If so can it be done from USA or have to travel abroad for H-4 visa stamping?
Getting Promotions Or Changing Job Description While Green Card Is Pending
Present Status: I-140 is approved and priority date Jan 2016. I completed my MS in USA. My company attorney/HR is telling me I can't get promotion till I get my green card approved. As per them this is Immigration law or this is part of green card process. Can you please confirm if there is immigration law which tells that if your green card is pending then Job title can't be changed and promotion can't be awarded?

Watch the Video on this FAQ: Getting promotions or changing job description while green card is pending

Video Transcript

If we are speaking of a green card filed through PERM it is complicated because any substantial change in the job requires you to refile the green card unless you have the intention to go back to the old job when you get the green card. 

Can A Green Card Be Filed For Me If I am On H-4 or L-2?
I am currently on L-2 EAD (since Jun 2017) and work for Employer A. Can my current employer (Employer A) file for my Green Card ?
Changing Jobs After I-140 Approval
I have the following questions Can employer A revoke my current I-140 after I change my employment? Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing? Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?
Can EB-2 Approved File For EB-3
With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
Effect of I-140 Revocation on Priority Date, H-1B Extensions Through Any Employer, etc.
I have my I-140 approved in 2015 and its beyond 180 days now with Employer A. If I move to Employer B a) Consider that Employer A revoked my I-140 b) Please help to confirm will it possible to get multiple extension with previous 180 approved. c) Even if Employer B doesn't file a Green Card (Labor then I-140)… Can I get multiple extension with Employer A approved I-140
At What Stage Should I Join My Future Green Card Employer?
My future employer is planning to file my GC PERM in the month of May 2018. Also I have PERM in process from my current employer. Is it advisable to join the future employer before filing the PERM or after the PERM is approved or after I-140 is approved. Basically need to know at what stage of the GC process I can join the future employer. Does my joining the future employer impact the GC approval process (getting PERM approval, I-140 approval).
H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions: 1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit? 2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org? 3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?) b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1 c.applying for concurrent H1b d. Moving on to H4EAD and filing a H1b next April e.Joining a Masters CPT college and filing a Cap-subject H-1B next year

Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

Video Transcript

1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

180 Rule for Priority Dates/H-1B Extension
I have quick question about the mystery behind 180 days staying with the Employer with whom my I-140 is approved. So my I-140 is been approved with priority date as Dec 2014 and the Notice date is Nov 2017. Do I have to wait for 180 days/ 6 Months from the Notice date of Nov 2017 so I will not loos the Priority date when I move with new employer?
H-1B Tranfer, AC21 and I-140 Process
1. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up. 2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.
Change of Status to Student F-1 While Green Card is in Process
My question is about switching from an H-1 to F-1 visa. My six years of H-1 expires in March 2018. I have received an offer for a Phd. at Stanford (starting Aug. 2018) that happens to be one of my dream universities. My employer applied for a PERM back in August 2017, it has not been approved yet. Does the filing of PERM interfere with getting an F-1 visa. I know you’ve answered this question in the past regarding an I-140 and I understand that my chances with just a PERM are slightly better ?
AC-21 Job Portability, Changing Jobs Before 180 Days
Have an I140 approved with a priority date of Oct 2009 under the EB3 category and worked for the same employer for over 10 years from 2007 - 2017 I filed for my AOS in December 2017 using Cross Changeability since my spouse is born in Malaysia I left my employer after 2 weeks of filing the AOS for a better opportunity in terms of Compensation I used my approved I140 to get three years of H1b extension. My new job and position are in the same category and my new employer is ready to provide Supplement J if needed It has been almost two months since the filing and have received all the receipt notices and have also done the fingerprinting and haven't received any RFE Yet. Do you foresee any issues arising in near future and jeopardizing the application because I left my employer before 180 days of AOS pendency?

Watch the Video on this FAQ: AC 21 job portability, changing jobs before 180 days

Video Transcript

I do not see any issue other than the time issue so if you are able to have the I-485 pending for 180 days you are good. More...

Change in Job Title after Getting a Green Card Approval
Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?
Effect of Salary Variations During L-1A Visa
I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year. Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date? 1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000? 2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month
Changing Jobs After I-140 Approval, Returning to the Old Job, etc.
I am on H1B visa in US from 2008 with employer A, and i have I-140 approved in 2011 from Employer A, Now in 2017 i am planning to change my employer to Employer B. My question: Scenario 1 : If say Employer B doesn't sponsor/start my GC/I-140 in 3 years, can my employer B use Employer A's I-140 to renew n number of times ? Scenario 2: If I didn't like employer B in future and they have not sponsored or started my GC/I-140, can i switch to Employer C ,using Employer A's I-140. Scenario 3:If I didn't like employer B in future and they have not sponsored or started my GC/I-140, then I switch to Employer A ,using Employer A's I-140 .. now do employer A again has to restart GC/I-140 ?. Scenario 4: How much of over lap of dates of employment can happen b/w Employer A and Employer B.
AC21 Green Card Portability For A Lateral Move From Developer To Analyst
I am currently working on a GC-EAD. The I-140 was approved for title "application developer (oracle financials)" soc code 15-15051. I would like to make a lateral career change from developer to functional analyst. It will involve the same ERP software, I have picked up the skills to perform the new role while performing the previous job i.e it will be a lateral move (There are skills overlap between the two roles). Do you see any issues with doing this?
Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved. 1: Is there a website where we can check the status of labor if it has been approved? 2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval? 3: Can my GC application continue whilst being on H-4 visa? 4. Does the GC process, at any stage, require the applicant to be on H-1 visa? 5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
Transfer from H-1 (with I-140 approved) to H-4 EAD
I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?

You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

New Regulations, Effect on Layoff after I-140 Approval
1. I have I-140 approved and its more than 6 months over. My priority date is March 2011 under EB2. At this situation, if my current employer lay me off from work, what immediate step I need to do, in order to legally stay in the USA. ( Do I need to contact my lawyer to change my H1B visa status and my family status to Tourist visa or Can I change my status online or what is the option?). 2) With the new I-140 EAD regulations effective Jan 17th 2017 in place, am I eligible to apply for EAD using "Compelling circumstances EAD", if my company laid me off? As of July dates for filing for EB2 visa application is 01FEB09 , which is more than 2 years wait time for my dates to be current.
Child Status Protection Act in Employment-Based Petitions
I wanted to understand how Child Status Protection Act (CSPA) works in the case of employment based green card (EB-2) of the parent. My priority date is of 2012 under EB2, I-140 approved. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+
Is a Copy of I-140 Approval Required to Extend H-1 B?
If I change my employer, given the recent changes to I-140 rules for revocation/withdrawal, can my H1-B be extended again for 3 years, with me providing only the LIN number (which can be verified for an approved I-140 on the USCIS website) towards H1-B transfer to my new employer? Do I strictly need to provide the I-140 approval notice to extend/transfer my H1-B to a new employer?
Compelling Circumstances EAD
I am on a H-1B Visa for past 9 years and have EB3 I-140 (2008 Priority Date) from Company A and EB3 I-140 from Company B (2014 Priority Date). I am now with Company C. I am Heart Patient and was operated for Heart By-Pass Surgery in 2013 and since then taking my regular Medicines (for my entire Life). I feel stressed on continually working for 40 hours a week and feel getting a EAD will be a god's gift and I can use this EAD to work at my convenience.
Changing Jobs and Supplement J
How long does the supplement J form take for approval? What happens if supplement J is denied? Can I work with the new employer without filing supplement J?

Watch the Video on this FAQ: Changing jobs and Supplement J

Video Transcript

Supplement J is essentially a replacement for employment letters. See my blog for the rules. 

Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
Filing green card through multiple categories or employers and/or family simultaneously
1. Can we file multiple green cards together? If yes what will be the side effect? 2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card? 3. Should job description match in EB-1 and EB-2? 4. What may all possible issues occur?
I-140 Revoked By Last Employer
I stayed with my last employer more than 6 months after I-140 was approved. My employer revoked I-140 but I can retain my priority date. Now, I am filing I-140 again with a new employer. Will I have stay with my current employer more than 6 months after I-140 is approved to retain my (old) priority date? If I change job after I-140 is approved, my employer can't revoke it. True? Is there any period I need to be employed with the current employer after I-140 is approved?

Under the law effective from 17 January 2017, an employee will retain their priority date once an I-140 is properly approved, even if a day later the employer asks for a revocation. There is no requirement that the employee be employed with that employer for a certain period of time.

Change of Job Description / Job Location on PERM and I-140
1. Working with Employer A - but the place of employment is the end client B (on site work at Client B location). PERM and I-140 approved. At this point, If I have to move to a different client C (Same Employer A - on-site work at Client C Location) - in a different State - Same Job Title but different job duties/job description - Would that need to file PERM and I-140 one more time? 2. Is there any language permitted in the LC for PERM - such as "relocation upon completion of the project" or "Job may require traveling/relocation across the USA" - so that the PERM and I-140 does not have to be filed again?
Consequences of I-140 revocation
1. Consequences if revoked (I-140) within 180 days. Benefits, if unrevoked(I-140) for 180 days and end date at work still be May 15th (or, should I ask my employer to EXTEND my end date until end-of-June so I complete my 180 days of I-140). 2. How question (1) above will impact H4-EAD which is under processing. if approved before May-15th H4-EAD is still valid and can be used ? 3. Does it mean after May-15th (last day at work) I have 60 days grace period to look for a new employer who sponsors my H1-B?

Watch the Video on this FAQ: Consequences of I-140 revocation

Video Transcript

1. If I-140 is revoked within 180 days of its approval you only get to keep your Priority Date. You do not get to keep your right to extend your H-1.

Do jobs have to be same or similar when I port my priority date?
1. I'm on H-1 visa and on my 8 th year …visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager…and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and….how that thing impact my situation. 2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?
Changing employers after 6 years of H-1 are over
1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year. 2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.
Can I go back and join an employer who has my I-140 approval, but I left them
I have worked for a company A and my I-140 was approved with PD of 2013. I worked another 7 months in the same company after I-140 approval and then moved to a new company with a similar profile. As far as I know, my I-140 has not been revoked. The new company B has also started Perm processing to get I-140 approved. I am working in Company B for almost a year now, and I would like to go back to my previous employer A. Can I rejoin Company A and pick up I-140 from there without restarting another PERM filing? Company A would like to take me back? Do I have to start the process all over again?
What if I never joined the employer who sponsored me for green card?
Working for the same company for 9+ years (7 yrs in the USA and since last 2 years in India Development Center for the same company). I received my GC in June 2016 and have got the physical cards delivered to me in India. Lost my father in Nov 2016. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in the USA. I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA. I am also considering an opportunity local in India.

Watch the Video on this FAQ: What if I never joined the employer who sponsored me for green card?


"Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn
My I-140 got approved in Oct 2016, after this rule is passed do I have to wait for 180 days after Jan 17 or will it be applied from Oct 2016 itself?
Compelling circumstances EAD
I have approved I-140 from 2010. I read that if I apply for I-140 EAD (due to compelling circumstances ) it will revoke my H1B status and then I would not be able to adjust the status through I-485 without going outside the country and getting back on H1 which is extremely risky. The other option is Consular Processing which is also waiting outside US. Is that right? What status would a person be in US if on I-140 EAD due to a compelling circumstance? Is there a way to switch to H-1B so as to continue with Green Card through Adjustment of Status ( with same priority date) while within US?
AC21, changing jobs, when to file Supplement J
My EB2 priority date is June 2009. I filed for my I 485 in 2012 and since 2013 I have EAD and have been maintaining H1b status. In 2014 I changed my job from the original employer who started my GC process (with whom I have I 140). I sent AC21 when in 2016 I got the standard RFE to produce medical records and employment proof (since then the priority date had retrogressed again), and also have H-1B with my new employer. I have not started the new GC file with a new employer. Should I file supplement J now, proactively, or should I wait for another RFE from USCIS when my priority date becomes current in the future, to file for supplement J?
Impact of the new I-140 regulations
My I-140 approved (India/EB2) from Employer A in June 2015, I joined Employer B in Oct 2016. Employer A sent revocation of my I-140, on USCIS website today is showing below status: "On December 7, 2016, we received your correspondence for Form I-140 …" Will I still be eligible for 3 years of multiple H-1 extension with my approved I-140 from employer A without filing new I-140?
EAD on the Basis of Approved I-140
I have an approved I-140. My priority date is April 2011. Can I file for EAD on the basis of approved I-140?

No. The only EAD possible is a compelling circumstances EAD. This would not be a routine EAD. See the graphic on my blog.

Using Green Card Experience Gained with End Client
Changing their employer from Company A (Current Primary Employer) to Company B (Direct Client of Company A - which will be the new primary employer going forward) - Can the experience earned by the person (skill set as well as number of years) earned with Company A be used for satisfying the job requirements of PERM / I-140 petition filed by Company B - if the person was actually working for the direct client i.e. Company B - all the time while employed by Company A (Current Petitioning Employer for approved I-140) ?

Watch the Video on this FAQ: Using for green card experience gained with end client

Video Transcript:

Normally you cannot use the experience gained by the end client if the end client applies for your GC. That is the normal rule. More...

Will H-4 EAD Rule be revoked?
1) Is it true H-4 EAD rule will be revoked by the government? 2) My H-1B visa is going to expire in 14-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration). a) If my PERM is not approved before my current H-1B visa expires. Can I change to H-4 EAD at that time? b) If my PERM approved after change to H-4 EAD, Can I change back to H-1B? c) Is it possible to convert from H-1 to H-4 EAD without taking a break in employment? d) If my PERM gets approved after my current H-1B expires can my employer file for H-1B extension? 3) I would like to move to H-4 EAD but I would like to come back to H-1B anytime in future, in that situation what is the best status for H-1B? 4) If I apply for new H-1B is it comes under H-1 quota (After 6 years completes.)?
The new regulations, withdrawal of I-140, H-1 extensions
I have an approved I-140 with priority date 2013 from employer A and my employer A is withdrawing it. I am going to apply I-140 with employer B now in regular processing and also porting the date. I will complete my 6 years of H-1 end of the year. Will I still be eligible for 3 years of H-1 extension with my approved I-140 from employer A?
Changing Employers With An Approved I-140 After January 17 2017
I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you. 1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer? 2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

How do we keep up with the rumors and changes in the laws
How do we keep up with the rumors and changes in the laws? My I-140 is approved in 2013 and priority date is on 2013. Do you have any inside on country quota elimination bill?
Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.
My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration). 1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018). Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration? 2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now. 3) If my PERM is not approved before my current H-1B visa expires. Would I need to go back to India? 4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?
Regarding H-1B Extensions
I heard your community conference call for 1st December, you mentioned that even though the approved I-140 is withdrawn by a previous employer after 180 days of approval we should still eligible for H1 extensions with a new employer. My question here: is it required that new employer need to file labor and I-140 in order to apply for extensions or can I just keep on applying for H1B extensions based on my first I-140 approval?

You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.

What is new regulations for H-1 grace period, revocation of I-140 ?
My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed. I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140. 1. Will I get some time to find new job and new employee to transfer my H1-B ? 2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer?

Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.

Changing Jobs After I-140 Approval
I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa. 1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ? 2. Is it recommendable to switch now in between of pending approval process of I-140? 3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?

Watch Video: Changing jobs after I-140 approval

Video Transcript:  Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.

Now answering your questions

Changing Back to F-1 Student Status After Filing for Green Card
I was a student on F-1 (MS), and I got my H-1B two years ago. My company has started GC process and already got my I-140 approved. But I want to go back to school this fall (law school), which means I'll have to change my status back to F-1 again.
I-140 approved - H-1B renewal
Using an existing approved I-140, can a H-1B be renewed any number of times, with new/multiple different employers, even without restarting any paperwork for GC with the new employer?

Yes, as long as the I-140 is not revoked.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Difference between I-140 withdrawn and revoked
I saw some online forums stating that if I-140 withdrawn you can retain your PD date. Is it true under current circumstances? What is difference between I-140 Withdraw vs I-140 Revoke? If both are not the same, in which cases employers to for withdraw.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/Gl2WiBEALtk?t=273

FAQ Transcript:

No loss of priority date if employer revokes I-140; Green card through future employer
I have my perm labor and I-140 approved through EMPLOYER A (Consulting Firm). Priority Date June 2013. If I am going to change Employer, EMPLOYER A is going to REVOKE MY I-140. I heard from your last conference call that i will be loosing my priority if I-140 is revoked by employer.I am close to 5th year of H-1. so cant take chances. If I move to FT position in the next 6 months and say my current employer revokes I-140. I will not be able to get extension for H-1 beyond 6 years.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.   

https://youtu.be/H_VV9kV_lOg?t=688

Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
1) My wife is currently on H-1B. I am also on H-1B with approved I-140. My wife's employer is willing to Start GC process for her. I understand that GC is for future employment. My wife is willing to Move to H-4 EAD. Say my wife's employer initiated her GC process when she is on H-1. Once the perm is filed by wife's employer, will she be able to convert from H-1 to H-4 EAD. Does this has any affect on her ongoing GC process. Is it safe for some one to changes status from H-4 to H-1 and H-1 to H-4 in between PERM and I-140 process. 2) My brother is on F-1 in OPT status. Can my brother's employer start GC process for him while he is on OPT. I have some knowledge of the complications involved in Starting GC process on F-1. The main reason behind this question is to reserve a spot for GC process. That way my brother can get a earliest priority date, his employer would start GC process 2 years down the road when he is on H-1B. What is the safe route for some one like my brother to get a earliest priority. Do they have to wait till H-1B to get in to GC process Queue

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=65 

Obtaining copies of approval notice and other documents through FOIA
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice. 2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/H_VV9kV_lOg?t=1610

FAQ Transcript

Writ of Mandamus against delay
I am currently pending I-485 (EB3, skilled worker employment based, priority date Oct 2008) since April 2014. I submitted inquiries through congressman, they received a letter that my case is on hold indefinitely. Do you recommend filing Writ of Mandamus or would that cause a denial? What other actions can I take, I've submitted a case through the Ombudsman and met with a USCIS officer through Infopass appointment (who told me nothing). No RFEs have been issued for this case, I-140 was approved and fingerprinting done (twice, since first set expired).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=333

FAQ Transcript:

Writ is simply order of the court or a formal order.

Priority date loss upon revocation of I-140
1) Is there any difference between I-140 revoked by employer - vs - I-140 revoked by USCIS (say for fraud or misrepresentation) with respect to being able to retain the priority date with the new employer ? 2) Changing from Employer A to Employer B - If Employer B files the PERM before I-140 by employer A is revoked by the employer A - would that help retain the PD corresponding I-140 to employer A ? In other words, are there any specific scenarios in this case - where the PD could be retained based on the first I-140 approval ?

As far as we know, USCIS has once again revered its position and has stated that priority dates will be retained if the revocation is based upon an employer's request.  See: the blog entry here

For PERM is formal certificate required or completion of degree is enough
1. I am on H-1B with my I-140 approved in EB-3 with priority date is Sep 2013. I have 12+ years experience in the field. I am getting an opportunity from a company. They are ready to start my green card process. I have just completed my master degree(MCA) from India. Waiting for my degree certificate, which would take a month or two. 2. Can my new employer do the H-1B transfer now based on my BSc degree (Computer Science) and once I get the master degree certificate, can they start the green card process in EB-2? Or do I need to wait for my master degree certificate before the H-1B transfer?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/ZvUVIGTM-Kk?t=602

Changing employers - what immigration documents should I keep
Currently on my H-1B post 6-year based on approval of PERM and I 140 under EB - 2. Would be In the process of switching jobs for some personal / professional reasons very soon. 1) What documents would I need to have with myself - corresponding to PERM and I-140 - so that I can retain my priority date and start another green card process with a potential new employer ? 2) For the documents above - would I need to have the originals or the photocopies ?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

H4 - EAD validation if H-1B holder moved to another company
I have a question on EAD validity for the below scenario. H-1B holder got I140 with Employer A and applied EAD for H-4. H-4 is valid until MM-DD-YYYY 10-29-2018. Now H-1B holder moved to Another Employer B, then at this point he doesn't have Approved I-140. Will EAD which received using Employer A valid until MM-DD-YYYY 10-29-2018? I knew for renewal of current EAD after 10-29-2018, we need approved I-140, but not sure exiting EAD is valid until 10-29-2018 if H-1B holder moved to Employer B.

USCIS has said that revocation of I-140 does not automatically invalidate an approved H-4 EAD, but they reserve the right to revoke such an EAD.

Priority date port and multiple I-485/AOS petitions
I have my old Priority date as Dec 2009 in EB-3 and when I changed the company they filed the Labor and I-140 in EB-2 and my old Priority date is not ported on my new I-140 and I see the new I-140 in EB-2 with the Priority Date as Jan 2013. Now with the revised USCIS VISA Bulletin can I apply my I-485 with old PD ( EB-3) and simultaneously to be safer side can I apply I-485 from my wife's side and her PD is July 2010.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/OMuYdzLJ2qQ?t=1436

FAQ Transcript:

I-485/AOS/AC21 issues in job through future employer - I-485/AOS
Situation - 1. I am working with employer A on L visa. 2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now) 3. My I-485 filed by employer B is pending for more than 180 days. 4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card. Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter) 1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485? How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485? 2. If we want to respond to EVL RFE using Employer C's offer then - How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)? What should be the offer extended date and What should be the joining date to comply by AC21? 3. If I respond to this EVL RFE using employer B's job offer letter then - What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)? (FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)
Regarding Form G-884 (Returns of original documents)
I got I-140 approved and also got EAD with EB2 category in April 2012. I need to change my employer but my employer did not give me my green card paper like I-140 approval copy, labor code etc. I have only receipt copy of I-140 and I-485. I heard about USCIS form G-884 (Returns of original documents) which use to get all green card documents from USCIS. I have following questions to ask you. Based on G-884, can I get my all green card documents from USCIS without knowing my employer?

Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

Refiling I-140 using old PERM (after 180 days)
I have questions related to I-140 denial & refile. My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are: 1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection? 2) How many times can we 'refile' I-140 on same PERM? 3) Can we do 'refile' under premium?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.    

https://youtu.be/ZBJhcjjIrzs?t=1548

H-4 EAD filing based upon I-140
My husband got his I-140 approved from his previous employer. Then he changed his employer and has filed his LC which has NOT been approved yet. His previous employer has WITHDRAWN the I-140.He is in his 11th year of H-1. Couple of questions. 1) Can I file for H-4 EAD? 2) My husband currently has no I-140 approved. While checking my application, will they look into his application and cause any issues to his present H-1 extension?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=569

FAQ Transcript:

Requirements for Extension of H-1 beyond 6 years
I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years. Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months. I have the following two questions: 1. What stage do I need to reach on my GC process when the remaining time on H-1B ends. 2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

 https://youtu.be/3Heaadpk1Ik?t=273

FAQ Transcript:

Change jobs without having to file for I-140 again
Please let us know effective when we can change jobs without having to file for I-140 again?

When:
1. I-140 is approved; and
2. The I-485 has been pending 180 days; and
3. The job described in green card is the same or is similar to the job you are going to;

How to get a copy of I-140 approval
My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD. How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376 

FAQ Transcript

Green card through two employers and future employer
I am in a very difficult/complex situation, the situation is as below: Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? : Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? : Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. : Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? : Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. : Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

H-4 EAD Rule
My spouse and I are living in different sates due to obvious work reasons. I am currently on H-1B Visa with my I-140 approved. My wife is on H-1b working as a full time employee to XYZ company. Now, with Obama's executive action particularly with H-4 EAD my wife is planning to change her visa status from H-1B to H-4 so that she can get opportunities at the place where I live (at this point of time all the companies at my place are asking her for Either Green Card or Proper Work permit without any sponsorship in order to hire her). In this regards I have 2 questions 1. Would you suggest us to get H-4 approval in advance before H-4-EAD rule comes into effect or would you suggest we can file them concurrently? 2. If she applies for H-4 when can she quit the job - Is it on the day of notice of application receipt from USCIS or from the day of H-4 approval? P.S: I am aware that no rule has been published yet but just wanted to get your thoughts/suggestions on this issue.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Procedure for Porting a Priority Date from One I-140 to Another
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657

FAQ Transcript

Changing from EB-3 to EB-2 Category
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Using Obama's Immigration Action to Apply for AOS/EAD
I am in L-2 Visa with an approved I-140 from my employer with a priority date of August 2012. My H-1B applications never got picked up in the lottery. My husband's 7 years of L-1A comes to an end in March 2015. So we have to go back to India. My question is, if with Obama's immigration action develops and a possibility occurs for allowing approved I-140 petitioners to apply for I-485 and EAD, what is the process for me to get an EAD while I am in India and how can I come back to US using the approved I-140?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=808

FAQ Transcript

I-140 Revoked after AC21 Portability
From our community member Here is my Situation. I used to work for Employer "A" who filed for my EB3 Labor and I-140. I-140 was approved in Feb 2007. In July 2007, when the dates became current, I filed for my I-485. In December ending of 2007, which was around 180 days after filing the I-485, Company "A" was acquired by Company "B", at that time I got an email from my employer HR indicating that Company "B" will now take over all immigration responsibilities of "A" and no H1 transfers or re-filing of I-140 is required. I was also assured that since my I-485 was pending for 180 days and i had EAD and 6 pay slips / one per each month from company "A" , there should not be any issues, since AC21 can be applied too, in this case. So I continued to work for Company "B" for about 1 year from Jan 2008 to Jan 2009. I received pay checks from "B" during this period. In Feb 2009 I joined a direct client, Company "C" on H1B. Got the H1B approval beyond 6 years, using company "A" I-140 approval copy. Company "C" Attorney sent AC-21 documents to USCIS. Company "C" does not file labor or I-140 they do only H1B or hire on EADs but does not do green cards. Now, after more than 7 years of I-140 Approval from Company "A", I came to know that USCIS, has revoked the I-140 of a different employee who was in the similar situation as me, but he didn't had H1B and he was forced to leave USA since his I-485, EAD and Advance Parole were all based on this I-140. It seems USCIS said the underlying Labor and I-140 were fraud. Hence everything is denied. He did leave the country. My Question : What are my Options if something like this occurs for my case too? I understand its hard to tell if this will occur or not. Company "A" which filed my I-140 no longer exists and I have no contact what so ever with Company "B". If I-140 gets revoked for fraud by the company "A", will the employee be held responsible? Can this kind of adverse decision be appealed and during appeal process what happens to the status. Are we allowed to stay and work in the country when this case is in progress? I was reading online about the "The case, Kurapati vs USCIS”, this lawsuit is similar in nature. Is there a ray of hope with this? You’re Suggestions/Comments please.
Concurrent AOS filing for EB-2 Physical Therapist
Is this true ? - "If the ‘Schedule A’ application falls into the “EB-2” or Employment Based Second Preference category (the employer requires a Master’s degree in Physical Therapy or a Bachelor’s degree in Physical Therapy + 5 years of experience), then the Adjustment of Status application can be submitted simultaneously with the Form I-140".

Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.

Obama's Immigration Action EAD At I-140 Stage
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.

I have heard that there is a proposal to allow filing of I-485 

H-4 and I-140
Currently I am on H-1B and my wife in H-4, my company had recently filed for Green Card. It has been 6 months since the petition has been filed. My wife has about 5 years of work experience back in India. She is interested to work here now. What are the possibilities of her getting a job here in US. As my GC is in progress, can she start looking for a job once my I-140 is approved?

Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.

Discrepancies In Date Of Birth Information
Currently my I-140 is approved and now for the I-485 I need to present date of birth certificate. Problem is that DOB on certificate is correct and on all other documents including school, college, and passport and in all US records it is in correct. It started with wrong DOB in 10th certificate which was used in college, passport and finally all US documents. Now I went through all the channels and found the ways to change in passport and in all US documents. Question is what legal problems I should be prepared for and how it impacts my US records once it is changed. I am in US for last 7 years. I need to take decision on this as if it is worth doing it or just go back to India and may be forget about GC for this time. Really appreciate you taking out time for this kind of questions. Really appreciate you taking out time for this kind of questions.
Do Not Have Copy of I-140 Approval Notice But Have Receipt
I have my I-140 approved(in my 6th year of H-1). But my employer is not handing the approval notice to me. I have both Receipt Number and my Labor number (starting with A.). I have filed FOIA to get copy of I-140 approval notice. I wanted to know 1) Can I transfer my H-1 to another employer by just giving I-140 receipt number to them? 2) Can my new employer use this number to file my GC and keeping the PD based on this number?

As long as your I-140 is not revoked BEFORE approval of H-1 extension/transfer, the receipt should be enough to get an extension with another employer. The priority date transfer is "automatic" and done at the USCIS level; that should not even need a receipt.

I-140 for H-1B Extension
I have a approved I-140 with on H-1B for more than six years working for company A. If I change to company B I will get 3 years of extension for new employer B. If I leave employer B before my PERM or I-140 is approved with employer B and join employer C. How many years of H-1 extension I will get ? Can I get 3 years of H-1 extension using approved I-140 with employer A.

Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers.

Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers. - See more at: http://www.immigration.com/comment/13726#comment-13726
Eligibility for I-140, Undocumented Dreamer
I am part of the (Deferred Action), I started going to school in the US since I was 8 years of age and now I am 22, so I have been in this country almost all my life. I was working with Tax ID and of course my own name, I have built credit, invest, save, and spend wisely. I would always filed my taxes even though sometimes it would be a significant amount but I still wanted to keep my record as a good moral character who follows the law and keeps everything in order. I felt very blessed and was very thankful to God because he made a miracle that would help me stay in the US and work legally. The miracle was the (Deferred Action), I would of loved that the (Dream Act) was passed because It would provide me with a green card and be eligible for more federal and state benefits. I am currently enrolled in community college, Montgomery college pursuing my Associate's degree and then transferring to a 4 year university to obtain my Bachelor's degree and last but not least get my Master's degree. I am very goal oriented and I believed if you're a good person, good things will come to you. I apologize if initiated with my personal story rather than my question for eligibility for I-140. Questions: Based on my current status and my story, what are my options and how likely will I be approved for a I-140? What are the factors that can impact the Homeland Security on their decision?

Unfortunately, there is nothing in the current law that will help you get your green card on your own.

I-140 Pending Approval
I am currently on second year of my H-1B. My PERM is approved with a priority date of March 2013; I-140 is filed and pending approval. I am hoping this would be approved in July 2014. My question is I am planning to switch employer. Can I carry over my priority date with new employer? If so, are there any conditions like minimum period to wait after I-140 is approved to carry over the Priority dates to new employer?

The priority date is yours the mo

Retaining PD
Approved I-140 having PD December 2012 with company A. Currently on 6 year H-1B. Will be transferred to company B. I guess I will be getting three year extension with approved I-140. Can I retain old PD once GC process is started by company B, even if company A withdraw I-140 ?.

Employees retain PD even if the o