I140 Valid and next steps

Background: I have a valid I140. This was confirmed by my employer who had filed it at the time. i.e. in Feb 2011.
I have not lived in the US end of 2013. I have moved to India and have traveled to US on B1/B2, but never stayed beyond 15-20 days.
I am also not sure whether concurrent filing of I485 was done or not. Now my questions are:

  1. What really a valid I140 means? Is there a way to know if it was approved or not? I have the receipt number
  2. If I now chose to return to the US, can a new employer continue with the same I140? What would the new employer need from me or my old employer who filed it in 2011?
  3. What are the chances of me getting a GC, sooner. Or, no advantage at all?
  4. Can I independently, i.e. without a sponsor, get EAD and work in the US?

Thanks a lot!

Approved/valid I-140 grants the ability to renew H1B beyond 6 years. This also enables you to file for your green card application when your priority date becomes current.

If you have the I-797 receipt for I-140 application, but not the copy of I-140 approval notice, then you can check the approval status at below in using your receipt number and it should show the case status.

https://egov.uscis.gov/casestatus/mycasestatus.do

If it is approved, you can request a copy of I-140, refer below link on how to.

New employer will need to restart your green card process, PERM → I-140 → I-485, however you may be able to port your priority date (PD). The new employer will need copy of I-140 approval notice to be able to port your PD.

Note sure if you are following the visa bulletin but currently both EB2 & 3 are moving forward at a rate that has not been seen in last 10 years so your chances of getting GC sooner are bright but it depends on if you can find a new employer or return to your older employer asap or else this golden opportunity can be lost.

No, you need an employer to sponsor your H1B and green card.

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Dear Kalpesh,

I notice that my I140 is approved from the website below. Thanks for pointing me to this.

I do not have my I-140 approval notice. However, I couldn’t find how to apply for it on myuscis website. This website has no form G639. Should I get it from outside? MyUSCIS has “file a form online” options for I90, N336, N400, N565, N600, N600K, I765, I130, I539. Not G 639. Need help here

Assuming that I am able to port I140 approval and also find a new employer, how long with this process “green card process, PERM → I-140 → I-485” take, approximately?

if you can find a new employer or return to your older employer asap or else this golden opportunity can be lost.

How much time do I have? What can I do, if any, to not loose this golden opp? My fear is that given current circumstances, finding a new employer may not be easy

Also, you mention priority date. The notice that I have has no priority date. I have only a photocopy and may be my employer didn’t give me both – PD and A number. What are my options?

I don’t even know how to check for the priority dates. I will learn. However, it would be helpful if you can give me the current priority date for EB2 category, India.

Your help is extremely valuable. Many thanks for all the help!

Regards

Did you go through all the steps mentioned in the link by Anil. I think he had laid out all steps very clearly so follow them to apply online for the copy of your I-140 approval notice.

This depends on your priority date and the timing when you can find new employer who is ready to file your AOS/I-485 if your PD is current or sponsor your H1B, you get the visa stamped and enter the US.

As mentioned above, it depends on your PD and timelines of the steps to file your AOS.

The PD is mentioned on the I-140 approval notice that you can get from USCIS. The copy you have is the receipt of your I-140 application which do not have the PD. If your I-140 was applied in Feb 2011, your PD should be earlier than that. Based on your category (EB2) it may already be current or will be current in a month or two.
You can check the monthly movement at the below link
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-june-2021.html

I think I have got it right this time. Thanks!

I assume my PD to be around Feb 2011 because that was when my I 140 was filed. I could be wrong, however will have to wait for the I140 approval notice to get the exact date. Meanwhile, just in case if it becomes current and I miss it i.e. if I find an employer after 1 or 2 years after PD has become current, is there a possibility to retrieve it? Or, is it lost forever?

Many thanks. This is very helpful!

You must file within one year of your PD becoming “current”, unless it retrogess while you are preparing to file, otherwise could risk having your case cancelled due to “abandonment.”

If say your PD is Feb 2011, it should be current in the July bulletin this year.

Other option is to go back to your ex-employer who had filed your I140 (and didn’t withdraw after you left) if the green card job is still available for you. That way your employer can file your AOS/485 immediately once your date is current.

This is very helpful, Kalpesh. Right now I don’t have questions. If there exists a way to salvage this without any employer, that would be interesting. In absence of that, my options are very less, I guess.

For employment based green card, you need a sponsoring employer.