PDA

View Full Version : old I-140 still remains valid if new one is denied?


billu
09-26-2010, 09:38 AM
I am on h1b visa in my 6th year. My previous employer had applied for my GC under EB3. My I-140 was approved from old employer with the PD of october 2007.Now, my new employer is going to file the GC under EB2 but the lawyer is not sure if the I-140 would be approved (since its EB2). My question is:

If the new I-140 gets denied due to any reason, will my old I-140 still be valid (under EB3). The old I-140 has not been revoked or withdrawn. My new employer has applied for my h1b extension (beyond 6th year) on the basis of my previous approved I-140. pls do reply. thanks.

reachinus
09-26-2010, 02:59 PM
your old 140 will still be valid even if the new one is deneid and as long its not withdrawn or revoked by USCIS. You should be able to get 3 yrs H1 based on your approved 140. Hope this helps.

billu
09-26-2010, 08:43 PM
thanks a lot for your reply. It gives me great comfort knowing that I am not risking it all for an EB2 on which the attorney is only 50% hopeful

BKY
09-27-2010, 09:46 AM
thanks a lot for your reply. It gives me great comfort knowing that I am not risking it all for an EB2 on which the attorney is only 50% hopeful

Why do you think that your EB2 I-140 will not be approved ?

What is your qualifications and experience ?