H1 trfr based on I140 in appeals

M

murthy_1982

Registered Users (C)
My previous employer(A) had filed my I140 and it got rejected and it is in appeals for the last 18months. Based on that I had been getting H1 extensions(since I have completed 6yrs). Last month I switched to company B and applied for H1 transfer. At the time we applied for transfer the I140 appeal was still pending , but recently previous company(A) has sent cancellation of my pending 140.

In that case will H1 teansfer be rejected, I was thinking I should be getting the transfer which will be valid till my current I94 date(May 2009).


Regards,
Ravi
 
I-140 must be approved to get 7th year. I think if I-140 got cancelled, you'll lose eligibility to 7th year if your 7th year was based on I-140. But I doubt your 7th year was on I-140 as your I-140 was not approved yet. I'm sure it is based on 365 days labor.
 
H1-B transfer would have been ok if you old company wouldn't have requested to cancell the I140. With new company you should have started a new labor that should be the way to go.
You can get a transfer based on I140 appeal.. but of old employer is withdrawing it means trouble...
Check with a lawyer..

murthy_1982 said:
My previous employer(A) had filed my I140 and it got rejected and it is in appeals for the last 18months. Based on that I had been getting H1 extensions(since I have completed 6yrs). Last month I switched to company B and applied for H1 transfer. At the time we applied for transfer the I140 appeal was still pending , but recently previous company(A) has sent cancellation of my pending 140.

In that case will H1 teansfer be rejected, I was thinking I should be getting the transfer which will be valid till my current I94 date(May 2009).


Regards,
Ravi
Click to expand...
 
My H1B extension was based on the fact my I140 was on appeals process. I am on my 8th year extension and have I94 valid till May 2009.

My question is when I do H1 transfer ..shouldn't I get it valid till my current H1 date(which is May 2009). My current H1 doesnt say it is based on I140 appeals and it is non trasferrable.
I checked on USCIS website and don't see any rules related to H1 transfer.

I had asked this to my attorney earlier and he said there should be no issues...but sometimes they are not always correct -:(
 
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