I140 question - new employer

[dabbidi_dibbide]

I140 approved. 180 day period is done after approval.
Now moving to new company. 

When should the new company start I140 transfer? What if they don't transfer I140 after joining? What impact will it have?

 

 

[233766301]

They don’t need to start and you will have no impact...you can survive with that I-140 from company A for your lifetime unless your priority date is getting near

[dabbidi_dibbide]

15 minutes ago, 233766301 said:

They don’t need to start and you will have no impact...you can survive with that I-140 from company A for your lifetime unless your priority date is getting near

oh cool, so okkasari I140 osthey, ika lite annamta

[AndhraneedSCS]

there is nothing like I140 transfer to my knowledge. New employer should start everything from scratch. You can, however use your existing priority date.

 

You will continue to get 3 year extensions  even if new employer doesn't initiate the GC process again 

[vachesa]

15 minutes ago, AndhraneedSCS said:

there is nothing like I140 transfer to my knowledge. New employer should start everything from scratch. You can, however use your existing priority date.

 

You will continue to get 3 year extensions  even if new employer doesn't initiate the GC process again 

That part is true but I doubt you can get 3 year extensions if you don't get a new i140 from new employer. Granted you can port your existing priority date but that is only when you reach to that stage with new employer. Adding to that if your old employer revokes the old i140 and then your visa expires its going to be messy, I am close to being in this situation now. May be I will get 1 year extensions based on Perm pending for more than 365 days

[argadorn]

2 minutes ago, vachesa said:

That part is true but I doubt you can get 3 year extensions if you don't get a new i140 from new employer. Granted you can port your existing priority date but that is only when you reach to that stage with new employer. Adding to that if your old employer revokes the old i140 and then your visa expires its going to be messy, I am close to being in this situation now. May be I will get 1 year extensions based on Perm pending for more than 365 days

yup 3 years vastahdhi with old i140....  6 monts thartha revoke cheyaledu i140  ...cheisna its valid until your priority date ...

[Picheshwar]

6 minutes ago, vachesa said:

That part is true but I doubt you can get 3 year extensions if you don't get a new i140 from new employer. Granted you can port your existing priority date but that is only when you reach to that stage with new employer. Adding to that if your old employer revokes the old i140 and then your visa expires its going to be messy, I am close to being in this situation now. May be I will get 1 year extensions based on Perm pending for more than 365 days

You can get 3 year extensions based on old i140. There is no limit.

[Anta Assamey]

3 minutes ago, Picheshwar said:

You can get 3 year extensions based on old i140. There is no limit.

Is that true if the old employer revoked I140 after 180 days or after changing too new employer

[Picheshwar]

6 minutes ago, Anta Assamey said:

Is that true if the old employer revoked I140 after 180 days or after changing too new employer

He cannot after 180 days period is crossed.

 

from Moorthy forum:

 

Can the Petitioner Revoke My Approved I-140?

Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. However, once 180 days have passed following approval of the I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioner’s request for the withdrawal of the petition.

If the USCIS receives the employer’s withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked.

 

https://www.murthy.com/2019/12/26/how-a-job-changes-may-impact-your-approved-i-140/

[vachesa]

4 minutes ago, argadorn said:

yup 3 years vastahdhi with old i140....  6 monts thartha revoke cheyaledu i140  ...cheisna its valid until your priority date ...

my old employer did antunte cheyaledu antaventi bro...my case status shows revoked, they can revoke but the only thing is, it will not affect your current visa validity

old employer i140 meeda I got a 3 years h1b from my new employer and then I jumped to my new employer, immediately old employer revoked the i140 

kotha extension emaidho choodali there has been conflicting reports everywhere...I asked my attorney to clarify this and vaadi answer entante "we will see-1year or 3 years why do you care" anta....prathi extension ki company pay chestadi ani vaadi edupu 

[CuteDesiGal]

Naa case little diff emp A tho 140 approved and PD 2014 and emp B applied in oct 2019 last week approved with same pd. Now naa job ee month tho ayipothundi naa h1 transfer chesukovali how it works emp B tho 6 months undadhu ela?

[vachesa]

6 minutes ago, CuteDesiGal said:

Naa case little diff emp A tho 140 approved and PD 2014 and emp B applied in oct 2019 last week approved with same pd. Now naa job ee month tho ayipothundi naa h1 transfer chesukovali how it works emp B tho 6 months undadhu ela?

I think it should be fine just transfer your h1 but you should get new i140 from new employer unless your old employer intends to keep it open until your pd becomes current and you can go back to him, after all gc is for future employment. 

Btw just my opinion I am not an expert in this 

[Anta Assamey]

29 minutes ago, Picheshwar said:

He cannot after 180 days period is crossed.

 

from Moorthy forum:

 

Can the Petitioner Revoke My Approved I-140?

Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. However, once 180 days have passed following approval of the I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioner’s request for the withdrawal of the petition.

If the USCIS receives the employer’s withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked.

 

https://www.murthy.com/2019/12/26/how-a-job-changes-may-impact-your-approved-i-140/

[argadorn]

44 minutes ago, vachesa said:

my old employer did antunte cheyaledu antaventi bro...my case status shows revoked, they can revoke but the only thing is, it will not affect your current visa validity

old employer i140 meeda I got a 3 years h1b from my new employer and then I jumped to my new employer, immediately old employer revoked the i140 

kotha extension emaidho choodali there has been conflicting reports everywhere...I asked my attorney to clarify this and vaadi answer entante "we will see-1year or 3 years why do you care" anta....prathi extension ki company pay chestadi ani vaadi edupu 

3 years vasthadhi ... i140 approve ayyi 6 months ayindha ... before moving to new employer