Tweet
Hello Friends,
Seeking your inputs and opinions to aid me in my final decision. I know this is going to be lengthy.
My H1B started in Oct-2011 and my 6 year limit is to end in Sep-2017.
My 1st employer filled for my green card and I had my I-140 approved and was waiting for the PD to become current [ My PD is in 2012].
I left my 1st employer with my approved I-140 copy in 2013 and applied for perm LC and I-140 with my 2nd employer in 2014. With my 2nd employer my perm-LC got approved and applied I-140, which is in progress and awaiting a decision.
Now, in the mean time I have got another job opportunity and this new company is stating that they would use my approved I-140 from of my 1st employer and apply for my H1b transfer and extension. I am also being told that the 6 yr H1B limit no longer applies to me as I already have an approved I-140 (which is not revoked).
The new company is stating that they will not file for my GC until 1 year of my service with them, so I am a little concerned and here are my questions.
1) The 1st company which filed my I-140 no longer exists, meaning the company has been acquired and renamed, so no way they would revoke my I-140. I will always have it but can never use it in case PD becomes current.
2) The 2nd employer states that he will not revoke my I-140 and will let it process even thou I leave the company for the new offer, they want to keep the door open for my return in case I want to pursue it when the priority date becomes current.
3) The new employer will not file for my GC until 1 year, which mean he will start Perm_LC after 1 year of my joining which will put me under 12 months bracket for my H1B limit expiry, based on the clause of AC21 (application for GC should be filled before 12 months of H1B 6 year limit expiration)
So, in this case can I stay in US past 6 year even if my current employer has not filled for GC ?
For some reason if my 2nd I-140 application gets a query or is revoked will my 1st I-140 still hold good (even when the company does not exists) ?
and is my new employer obligated to file my GC at some point ?
and assuming my new employer files for GC when my 6yr expiry limit is under 1 year and gets the Perm-LC and I-140 approved, then can they use my 3rd I-140 to request extension there after until my PD becomes current ?
Help and insights are much appreciated.
Seeking your inputs and opinions to aid me in my final decision. I know this is going to be lengthy.
My H1B started in Oct-2011 and my 6 year limit is to end in Sep-2017.
My 1st employer filled for my green card and I had my I-140 approved and was waiting for the PD to become current [ My PD is in 2012].
I left my 1st employer with my approved I-140 copy in 2013 and applied for perm LC and I-140 with my 2nd employer in 2014. With my 2nd employer my perm-LC got approved and applied I-140, which is in progress and awaiting a decision.
Now, in the mean time I have got another job opportunity and this new company is stating that they would use my approved I-140 from of my 1st employer and apply for my H1b transfer and extension. I am also being told that the 6 yr H1B limit no longer applies to me as I already have an approved I-140 (which is not revoked).
The new company is stating that they will not file for my GC until 1 year of my service with them, so I am a little concerned and here are my questions.
1) The 1st company which filed my I-140 no longer exists, meaning the company has been acquired and renamed, so no way they would revoke my I-140. I will always have it but can never use it in case PD becomes current.
2) The 2nd employer states that he will not revoke my I-140 and will let it process even thou I leave the company for the new offer, they want to keep the door open for my return in case I want to pursue it when the priority date becomes current.
3) The new employer will not file for my GC until 1 year, which mean he will start Perm_LC after 1 year of my joining which will put me under 12 months bracket for my H1B limit expiry, based on the clause of AC21 (application for GC should be filled before 12 months of H1B 6 year limit expiration)
So, in this case can I stay in US past 6 year even if my current employer has not filled for GC ?
For some reason if my 2nd I-140 application gets a query or is revoked will my 1st I-140 still hold good (even when the company does not exists) ?
and is my new employer obligated to file my GC at some point ?
and assuming my new employer files for GC when my 6yr expiry limit is under 1 year and gets the Perm-LC and I-140 approved, then can they use my 3rd I-140 to request extension there after until my PD becomes current ?
Help and insights are much appreciated.
