My I 140 approved, revoked by employer A after initiated transfer to employer B

USA H1B
1

Hi Anil,
Firstly, Thank you so much for helping the people (like me) on various immigration issues.

My case is little different and weird to hear it.

My I 140 was approved in last July 2018 with employer A and I had moved to another employer B in Aug 2018 right before my 6th year (Sep 02, 2018).

Unfortunately, my transfer got denied on Nov 6th, 2018 and at the same time my I 140 was withdrawn by employer A on Nov 5th, 2018.

Now the case status is “My petition petition withdrawn/Over 180 days/Not automatically revoked”. In November end, I traveled back to India.

Now my questions are

  1. How can I request H1B extension now?? as I don’t have any I 140 and I am in 7th year.

  2. Can I use my approved PERM(Approved on November 14, 2017) to file H1B??
    pls remember that PERM was used already to file my I 140 earlier. It was approved and was revoked.

  3. My employer A is NOT ready to file my I 140 as Perm already used and received I 140.
    If they use the same for applying I 140 again, Is there any issue.?

What is the best approach to get my H1B status back? Please suggest.

Thanks,
Sree

2

i140 withdrawn - File H1B 7th year extension

You cannot file H1B 7th year extension without an approved i140.

You should have stayed with your employer for at-least 180 days to save your i140.

Use approved PERM for H1B extension

PERM approval is only valid for 6 months from the date of issue. You cannot use your PERM from Nov 2017 now.

A new PERM is needed to start the process and then a new i140 would be required.

File a new Cap subject H1B

You can file a new H1B cap subject application in April 2019 lottery and get a new H1B term.

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3

Thank you Anil for your quick response…!!

If I filed a new H1B, do I need to wait till November 2019 to complete 1 year of my out of the country stay after 6 year completion or can I travel once it is approved in Sep 2019.

If I won’t get it in lottery, shall I start my GC process freshly with some other employer? or Shall I use my H1b petition again as I worked on H1b for 3 years only and earlier I was on L1B. I am confused to decide the best approach.

Please help me.

Regards,
Sree

4

If you file a new cap-subject H1B, you will need to stay out of USA for at-least 365 days to get a new 6 year term.

You can start your GC process if you can find and employer and then once your i140 is approved, you can use it to activate your old H1B and file 7th year extension.

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5

As mentioned earlier,I was on L1b for 3 years and on H1b for 3 years. Since H1b petition normally is valid for 6 years. Can I file extension/transfer using the same petition once after 365 days without I 140. Please confirm.Thanks

6

I don’t think you can file the H1B extension without approved i140.