FAQ: New Regulations Calculation of 180 days for H-1 extension and several related questions
Thanks so much for all the help.
Follow up questions:
1. On I-140 Rule : 180 days condition will be after 17th Jan 2017 or it is on I-140 approved date ?
Let me put my question more clear way.
Let me explain my question better way:
I am on H1B visa and 5 year 3 month completed and my H1 B extension is filed on 1st nov 2016 which will take 7/8 months. My I-140 is approved in 2013 and priority date is also in 2013.
Company revoked H1-B & I-140 on 30th July 2017, before
I transfer to new company. then I have go to India. In march 2018, I have old I-140 which was approved more than 180 days but revoked and H1-B was also revoked by company A.
Question: Can company B use my old H1-B and extend it for 3 year when I am in India and once I get extension with old H1-B and they don't have to file new H1-B CAP
let's Assumed: different situation.
Feb 2017 I will try to join new company and my H1-B extension is still in general process, new employer will transfer my H1-B but can then file my H1-B extension immediately when my old extension is under process?
How my H1-B extension will work with my new employer ?
I'm currently with Employer A and my I-140 was approved in June 2016 (>180 days ago). Thanks to the chart on your website and your community conference calls, I have come to understand that if I keep the current job until 1/17/2017 and move to Employer B afterwards, I will:
a. retain my priority date.
b. retain the right to extend my H-1B, 3 years at a time, even if the I-140 is revoked any time now.
c. need to get the GC process started again (recruitment, PERM, etc.)
Can you please confirm that the above is correct?
A couple other questions...
a. Will my spouse have the option to get H4 EAD status through my current I-140 after I've moved to Employer B?
b. Let's say that the GC process started again through Employer B gets rejected at some stage (recruitment/PERM/I-140). Will this mean that I lose the right to H-1B extensions?
Hi Rajiv Ji,
My priority date is Jan 2013 and I-140 is approved more than 2 years.
My H1-B is under 8 year and 6 months and my extension is filed by my company.
Question (After 17th Jan 2017):
I am planning to go to India in Jun 2017 and leave present job. my employer told me that once i will leave job he will revoke my I-140 and H1-B also.
I will get back to USA with new employer in 2018 end. so in 2018,
1. Do I need to apply for new H1-B with my new employer?
2. Can my new employer will be able to extend my old H1-B ? (which will revoked till that time )
The I-140 EAD Rule which is actually a long list of updates will go into effect soon. - Jan 18 i believe is the date.
These are my questions specifically regarding EB-2 Application with I485 Filed and now on EAD.
I switched employers a few months ago after 180 Days had passed since filing I485.
By new regulations of supplement J do i have to fill it out and inform USCIS or is it still optional?
Does the new EAD filing rules about duration and when to file become effective immediately on rule becoming active?