H1B transfer / extension after I140 approved and priority date is available from outside of US

Hi Anil,

I read a very good post of yours by googling and came to find this forum.

I have a question which seems to be a little tricky after I did some research and asking around.

  1. I got my initial H1B in 2013/10.
  2. I got my I140 approved and the priority date is in 2016/08.
  3. I quit my job and left US for some family reason in 2017/09. This means it has been 180 days after I140 is approved.
  4. Now I want to go back to US and assuming some NEW company is willing to accept me.

the problem is:

  • The priority date is available under my category. Can I still use the rule of 3 yr extension with new employer and port the priority date? because I saw what you wrote and also in the rule that the condition is the priority date is not available.
  • If I can’t do the above, what option do I have? for example, can the company apply new H1B under the exempt cap rule, since my last available H1B stamp had not expired for more than 6 years?
  • Or, can I do 1 year extension?
  • Apparently, i don’t think the company can apply green card for me while I am outside of US since this will take very long time (new PERM + i140 + some process), am I understanding right?

Thank you for your help. Very much appreciated.

Luffy

Hi @Luffy

Your employer can file your GC if your date is current even when you are outside US.

Find an employer and file your GC.

You can request the H1B 3 year extention using approved i140 too.
There is no need to apply a new cap subject H1B for your case.

Hi @Anil.Gupta,

Thanks a lot for the quick response!

w.r.t H1B 3 yr extension using approved i140. Doesn’t it require the priority date is not available? (e.g. in the following)

“8 CFR §214.2(h)(13)(iii)(E)(1): Per country limitation exemption from section 214(g)(4) of the Act. Authorizes approval of H-1B status beyond 6 years, in 3-year increments, for beneficiaries of approved EB-1, EB-2, and EB-3 petitions who can demonstrate that an immigrant visa is not available at the time the H-1B petition is filed because the immigrant visa classification sought is over-subscribed.”

w.r.t “find an employer to file GC”, the thing is that it will be a different employer and they have to file PERM + i140 which will take long time. and i think no employer would want to do that. But thank you for the notes.

but anyway, I really appreciate your feedback and thanks a lot for creating this kind of forum.

Thanks,
Bing

Hi @Luffy

The rule you have quoted is correct but you can still try as priority dates keep going back and forth.

Today, EB3 India moved back to 1Jan 06 in Aug 2019 visa bulletin.

Thank you so much @Anil.Gupta

Hi

My I140 got approved around april 2019 and due to the max out date i returned to India. Could you please confim if i need to wait for cap that starts next year april month or the new h1b can be applied anytime by using the I140 approval.

Regards
Mohan

Hi @mohan82ramasamy

You do not need to wait for next year to file H1B extension. You will file extension anytime now using approved i140.

Hi,
Here is my situation. I have approved i140 from employer A. Recently joined new employer B. However planning to move back home. Employer B is willing to file new i140 but I have no time to wait for the approval of new i140. Here is my question:
If I manage to wait and complete the filing of i140 with employer B and take up a new job back home with employer C then after few years want to come back with employer B can I continue using the i140 process?

Hi @angelparadisetom

Your question has been moved here as it has been discussed above. Please read.

A post was split to a new topic: Is i140 approval i797 required for H1B transfer or receipt notice is enough?

Thanks Anil.

I have one more question to get clarified. Please help on this regard. As i mentioned i have i140 approved.

  1. Does i140 approval has any expired date or validity?
  2. My GC Processing was sponsored by my company (consultancy in India) . And they have several projects running in US in different location. Currently i am in offshore location (india). If i got release from the existing project where the GC was initiated and Is it possible to get into to another project (for different location in USA) and initiate the H1B. If yes what is the process? if amendent sort of any new process needs to followed. Could you please share the process in details.

Thanks in advance and much appreciate your help in this regard.

Thanks
Mohan

Hi @mohan82ramasamy

i140 does not have any expiry date. It stays valid and can be used until you get your Green card.

If you are changing project, then you may need to file H1B Amendment before starting work at new location.