FAQ: I-140 issues - getting a copy of approval notice, leaving employer when I-140 approved less than 180 days
Hello Sir ,
Greetings !!
As per the new rule in 2017 , Its mentioned that one should have approved I-140 from employer and if its approved for 180 days employee gets the benefit of keeping the PD and also get unlimited extensions post 6th year of H1b (as h1b is valid till 6 years) .
But do we need to stick to that employer for 180 days who sponsored I-140 ?
even if the HR assures that they won't cancel/withdraw/revoke after employee leaves the company ? .
I have approved I-140 since 4th Jan 2020 from employer A , i got offer from employer B
Question :- Can i switch employers at this stage i.e less than 180 days ?
the new employer i.e employer B says that they will file for a H1b transfer as i have over 1 year left on h1b and since i have approved I-140 so they will as well file for the 3 years extension but to grant 3 years extension is in the hands of USCIS as i have not completed 180 days with the employer who raised my I-140
My employer A is okay for me to keep the I-140 active even if i leave them , the reason being is that they are unable to find any project as of now and cannot keep me on bench for longer time.As a good will they have told me if i leave them they won't cancel/withdraw/revoke.So I-140 stays approved for 180 days even if i leave employer A , only thing is i wont be with employer A for 180 days , will this be an issue to grant 3 years extension by USCIS ?
What are my options ?
Note :- I am on h1b and have exhausted 4.5 years already
Regards
Nisha
++++++++++++++++++++Next Set of Questions+++++++++++++++
Hello Rajivji
First question:
As we know that USCIS has introduced new system for filing LCA(FLAG) and discontinued old system(iCERTS).
With old systems we used to search LCA for any company but is it still possible to search LCA with new system? If yes could you please share how to do that? If not, is there any other way to get LCA?
Second question:
With the new process of filing H1b, is there a way where employee can get notifications if he/she gets selected in the lottery?
Third Question:
As per my knowledge employee can change employer if his/her 140 is approved for 180 days and can extend/transfer more then 6 years.
- How can an employee change a job if an he/she doesn’t have a copy of approved 140
- Is there a way to get a copy of approved 140 from USCIS by employee?