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H1 completing 6 yrs soon, I140 approved from previous employer and withdrawn

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  • H1 completing 6 yrs soon, I140 approved from previous employer and withdrawn

    HI,

    My i140 was approved with my previous employer A. Later to that I moved to employer B and PERM is in progress. Meanwhile, employer A withdrawn their petition of i140 and said that my approved i140 will still hold good and be active. Is this true? Based on this i140 could i stay on H1B beyond 6 years in US?

    I will be completing 6 years in US very soon and employer B is also saying the same that 'you have approved i140 already', so we can apply for extension. They do not know that employer A has withdraw it and i am not sure will that really affect me here. Please advise.


    Thanks,
    Vasu

  • #2
    Originally posted by vasudevadv View Post
    HI,

    My i140 was approved with my previous employer A. Later to that I moved to employer B and PERM is in progress. Meanwhile, employer A withdrawn their petition of i140 and said that my approved i140 will still hold good and be active. Is this true? Based on this i140 could i stay on H1B beyond 6 years in US?

    I will be completing 6 years in US very soon and employer B is also saying the same that 'you have approved i140 already', so we can apply for extension. They do not know that employer A has withdraw it and i am not sure will that really affect me here. Please advise.


    Thanks,
    Vasu
    How long ago was your I140 approved prior to employer A's withdrawal? If it is more than 6 months, yes your approved I140 is valid and you can file for extension.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      How long ago was your I140 approved prior to employer A's withdrawal? If it is more than 6 months, yes your approved I140 is valid and you can file for extension.
      Yes. it is more than 6 months (infact 3 years) after which Company A withdraw it.
      What does it mean that even if Company A has withdrawn, how do we determine that it is still valid and active?

      Is there a place / website where we can check / validate i140 being active? Please advise.

      Comment


      • #4
        Originally posted by vasudevadv View Post
        Yes. it is more than 6 months (infact 3 years) after which Company A withdraw it.
        What does it mean that even if Company A has withdrawn, how do we determine that it is still valid and active?

        Is there a place / website where we can check / validate i140 being active? Please advise.
        In that case you are good. You can use your previous I140. Try the USCIS case tracker for checking on your I140.
        Just an opinion; Not legal advice.

        Comment

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