Going for an H1B visa interview with an i140 approval from a previous employer.

R

rman

New Member
Hi ,
Had a question about visa stamping. I'm an Indian citizen.

I've been on an H1B visa since 2013. Around 2015, Company-A initiated my i140 process and I got my approval date for 2017.

In 2020, I had a job change to company B and soon after another job change to company C. Neither of those companies applied for an i140.

I just got a new job last month with company-D. My i797 was approved.

I want to go to India later this year for my h1b stamping. My last h1b stamp expired in 2018 (I haven't been to India since then)

Will having an i140 from a previous employer be an issue? Or is it ok for the purposes of the visa interview?

Thanks in advance.
 
For AC21 provisions your I-140 from employer A remains approved even if it is withdrawn by employer A should they choose to. It is due to this fact that you continue to get H-1B approvals beyond 6 years.

Down the road when priority date becomes current you need to have an I-140 approval to file I-485, therefore employer D needs to start PERM process and you will port priority date at I-140 filing stage.

You can also file I-485 based on I-140 approved from employer A as long as that job remains available and if I-140 is not withdrawn but then other issue that might hit you is employer A should continue to have ability to pay I-140 proffered wages from PERM filing until I-485 approval. In this regard may be you are better off with employer D PERM & I-140 filing.
 
whitemimauz3 said:
For AC21 provisions your I-140 from employer A remains approved even if it is withdrawn by employer A should they choose to. It is due to this fact that you continue to get H-1B approvals beyond 6 years.

Down the road when priority date becomes current you need to have an I-140 approval to file I-485, therefore employer D needs to start PERM process and you will port priority date at I-140 filing stage.

You can also file I-485 based on I-140 approved from employer A as long as that job remains available and if I-140 is not withdrawn but then other issue that might hit you is employer A should continue to have ability to pay I-140 proffered wages from PERM filing until I-485 approval. In this regard may be you are better off with employer D PERM & I-140 filing.
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Thanks for the response. Employer D has indicated that they would initiate the i140 filling, but I may have to travel outside the country before that is initiated.

Is it ok to go for a visa stamping in India with the i140 from the previous employer?
 
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