Form I-140

Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.

7 years ago By Chief Editor

Question details

My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).

1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018). 
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?

2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.

3) If my PERM is not approved before my current H-1B visa expires. 
Would I need to go back to India?

4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?

Watch Video on this FAQ: Extension of H-1 beyond six years, gap, in H-1, late in filing PERM, etc.

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Guestbook Entry for Rahul, United States

7 years ago By Anonymous (not verified)

Name

Rahul

Country

United States

State

Comment

Thanks to Rajiv and Heather for successful approval of my I-140 approval. Journey started with some questions as student visa holder where Rajiv answered all of my questions with full patients and at the end of call he Refunded my fees bcoz he doesn't charge any fees to students. Next was H1b process where my chance of approval was very slim and the company was at its starting phase. Having no options on table we took a chance, with Rajiv's skills and tremendous experience he made the case that no one can deny it and we got it approved. Same thing with I140 stage where also chance of approval were very slim due to change in conditions of business, he offered me to abandon the case in middle and save his fees which I think no one in his profession would do that. Then we decided to put some faith in god and Rajiv' S expertise as we already knew he can make the case with any situations. and here we go I140 approved.............Hoorey.............he did it. Thank you you are the best ...

Recording of Free Community Conference Call (Every Other Thursday), 2017, February 9

7 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.

Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.

Recording of Free Community Conference Call (Every Other Thursday), 26 January 2017

7 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 26 January 2017:
FAQ: Traveling after applying for naturalization/citizenship pending; "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn; Serial H-1 transfers with multiple employers - H-1 transfers while another H-1 pending; What types of marriages in foreign countries are considered legal in the USA; Can an I-485 be filed without the help of an employer; FAQ: Impact on H-1 and green card of employer company's bankruptcy; FAQ: Impact of child turning 21 - green card, H-4, F-1; Delay in naturalization; Travel During H-1B Transfer/Extension Pending; Starting a nonprofit organization while on H-1 visa; H-1B expiring, PERM not filed, options; Trump and employment based immigration.

Other: Quota exemption from H-1 because of prior approval; Changing roles impact on PERM green card; Impact on green card of changing jobs; I-131/N-470 for children; etc.

Supplement J

7 years ago By admin

USCIS Forms Update Notice

7 years ago By Chief Editor

USCIS recently updated the following form(s):

Regarding H-1B Extensions

7 years ago By Chief Editor

Question details

I heard your community conference call for 1st December, you mentioned that even though the approved I-140 is withdrawn by a previous employer after 180 days of approval we should still eligible for H1 extensions with a new employer.

My question here: is it required that new employer need to file labor and I-140 in order to apply for extensions or can I just keep on applying for H1B extensions based on my first I-140 approval?

You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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What is new regulations for H-1 grace period, revocation of I-140 ?

7 years ago By Editor

Question details

My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed.
I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140.
1. Will I get some time to find new job and new employee to transfer my H1-B ?
2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer?

Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Radio Show Discussing Overview of New I-140 EAD, etc. Regulations

7 years ago By Chief Editor

Immigration Law

Green Card

Form I-140

Recording of Free Community Conference Call (Every Other Thursday), 1 December 2016

7 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.

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