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VISA Rejected: H1B visa stamping over 6 years and have I140 approved

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  • VISA Rejected: H1B visa stamping over 6 years and have I140 approved

    Hello All,
    My H1b Visa got rejected because
    I have H1B over 6 years and I don't have I140 approved from my current employer. But my lawyer says I-140 need not be approved from current employer.

    I am with my current employer past 1year and my I140 approved(currently still valid and not canceled) with my previous employer before I changed to current employer.

    My I-140 from previous employer currently still valid not canceled.

    I scheduled appointment again please let me know what document I have to take to prove I-140 need not to be from current employer.

    Please help me.

    Thanks
    ktata

  • #2
    Try to get a letter from the previous employer who filed your I-140 stating that they will continue with the GC process eventhough you are not currently employed with them. The letter from the employer who filed your I-140 should mention clearly the employer will proceed with the GC process and will file I-485 with the intention of future employment.

    There are cases where people switch employer after completing 6 year using the I-140 approval from the previous employer. But to extend the H1B with the new employer, a PERM need to be filed before 365 days to get further extension. I would suggest you to consult a good immigration attorney on your own rather than just consulting your company attorney.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for the reply, visa got approved

      Comment


      • #4
        What did you do to get it approved next time?

        Originally posted by ktata View Post
        Thanks for the reply, visa got approved
        Hi Ktata,
        I am in similar situation, I-140 from prev employer 1 year with new one.

        Did you just get the letter for your next visa stamping and got it approved?

        Otherwise what did you do to get it approved the next time?

        Thank you very much for your help.

        regards,
        -skant

        Comment


        • #5
          I am in a similar situation

          Skant, can you let me know if you had to get the latter from previous employer?

          Comment

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