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Hi All,
I have approved I-140 from Employer A for 180 days. Now I am planning to Resign Employer A and join Employer B. Once I resign Employer A, they will withdraw my I-140 immediately. I have few questions as below. Can someone please clarify?
1. I have heard about the new USCIS rule that if the I-140 is in approved state for more then 180 days and then if the Employer tries to withdraw it, then USCIS will not revoke it and the beneficiary will be able to do H1 Extension without any problem with the new Employer. Is this rule currently in effect or yet to be published.
2. When I do the initial H1B transfer to Employer B from Employer A, my I-140 will be in approved state and hence I will get 3 years of H1. If the above rule is already in effect I should be able to get Extension on my H1 even the Employer A withdraws the approved I-140 and if Employer B hasn't filed for the new PREM and I-140. Is this understanding of mine correct?
3. If the above rule is in effect and if I change from Employer A to Employer B and Employer A withdraws my approved !-140 and the Employer B hasn't filed for my PREM and I-140, can I still change to Employer C? Will the H1B transfer to Employer C have any affect due to the withdrawn I-140 from Employer A?
Thanks,
I have approved I-140 from Employer A for 180 days. Now I am planning to Resign Employer A and join Employer B. Once I resign Employer A, they will withdraw my I-140 immediately. I have few questions as below. Can someone please clarify?
1. I have heard about the new USCIS rule that if the I-140 is in approved state for more then 180 days and then if the Employer tries to withdraw it, then USCIS will not revoke it and the beneficiary will be able to do H1 Extension without any problem with the new Employer. Is this rule currently in effect or yet to be published.
2. When I do the initial H1B transfer to Employer B from Employer A, my I-140 will be in approved state and hence I will get 3 years of H1. If the above rule is already in effect I should be able to get Extension on my H1 even the Employer A withdraws the approved I-140 and if Employer B hasn't filed for the new PREM and I-140. Is this understanding of mine correct?
3. If the above rule is in effect and if I change from Employer A to Employer B and Employer A withdraws my approved !-140 and the Employer B hasn't filed for my PREM and I-140, can I still change to Employer C? Will the H1B transfer to Employer C have any affect due to the withdrawn I-140 from Employer A?
Thanks,
