H1-B after 6 years

[krishna0125]

9 hours ago, chittibob said:

Sure aa bhayya.. can you provide source just for my reference and reading.. even h1-b ki 1 yr gap ochina em problem undada? I mean to say if i was not holding valid h1 from 2019 to late 2020, can i still apply for h1 under cap exempt scenario in 2020?

I-140 Petitions to Remain Valid Even After Employer Withdrawal and Retention of Priority Dates

The final rule seeks to clarify when an I-140 petition (and its priority date) can be retained. Currently, an I-140 petition is automatically withdrawn when a labor certification is invalidated, the petitioner dies/business is closed or the petitioning employer withdraws the petition (most common).  Under the current USCIS practice, withdrawal of an I-140 by the employer generally does not affect the sponsored employee’s ability to retain their priority date but, currently, revocation of an I-140 impacts the ability of an H-1B worker to obtain H-1B extensions.

The new final rule amends the regulations so that EB-1, EB-2 and EB-3 immigrant visa petitions that have been approved for 180 days or more would no longer be automatically revoked based only on withdrawal by the sponsoring employer or termination of the petitioner’s business. I-140s can still be revoked by the government based on fraud, material misrepresentation, invalidation or revocation of a labor certification or material USCIS error. As a result, an eligible I-140 petition can be used to retain the priority date with a subsequent I-140 petition, obtain H-1B extensions with subsequent employer and obtain job portability.

The main benefit of this portion of the rule is to allow foreign workers to be able to retain their priority date with a subsequent I-140 petition.   This rule would also remove the danger to foreign workers from running out of H-1B renewal options if the I-140 petitioner employer withdraws the I-140 petition (or goes out of business).

 

source https://www.cilawgroup.com/news/2016/11/17/i-140-eadjob-portability-final-rule-released-analysis-and-overview-of-the-upcoming-changes-and-system-fixes/

[chittibob]

1 hour ago, krishna0125 said:

I-140 Petitions to Remain Valid Even After Employer Withdrawal and Retention of Priority Dates

The final rule seeks to clarify when an I-140 petition (and its priority date) can be retained. Currently, an I-140 petition is automatically withdrawn when a labor certification is invalidated, the petitioner dies/business is closed or the petitioning employer withdraws the petition (most common).  Under the current USCIS practice, withdrawal of an I-140 by the employer generally does not affect the sponsored employee’s ability to retain their priority date but, currently, revocation of an I-140 impacts the ability of an H-1B worker to obtain H-1B extensions.

The new final rule amends the regulations so that EB-1, EB-2 and EB-3 immigrant visa petitions that have been approved for 180 days or more would no longer be automatically revoked based only on withdrawal by the sponsoring employer or termination of the petitioner’s business. I-140s can still be revoked by the government based on fraud, material misrepresentation, invalidation or revocation of a labor certification or material USCIS error. As a result, an eligible I-140 petition can be used to retain the priority date with a subsequent I-140 petition, obtain H-1B extensions with subsequent employer and obtain job portability.

The main benefit of this portion of the rule is to allow foreign workers to be able to retain their priority date with a subsequent I-140 petition.   This rule would also remove the danger to foreign workers from running out of H-1B renewal options if the I-140 petitioner employer withdraws the I-140 petition (or goes out of business).

 

source https://www.cilawgroup.com/news/2016/11/17/i-140-eadjob-portability-final-rule-released-analysis-and-overview-of-the-upcoming-changes-and-system-fixes/

Thanks bhayya!