View Full Version : Urgent I-140 withdrawn - I-485 not filed

09-09-2011, 09:00 PM
Friends need urgent help with the below situation of one my friend:

He has been in US for 7.5 years. He had I-140 approved with employer A and had to change job after 8 months of I-140 approval due to employers inability to pay/provide job. He didn't file his I-485. He had his H1B approved and extended until April 2013. Then he had again change job and now his H1B transfer has been denied siting reason as his I-140 has been with drawn. In this scenario can he file a MTR to reopen his I-140 and H1B? Given he had not had I-485 filed.

09-09-2011, 10:12 PM
Unfortunately, he is in trouble. He cannot file MTR I-140 as it was 1st employer's property and the employee cannot do anything about it. Your friend should have at least filed for labor at his 2nd employer. I am guessing he moved to 3rd employer after filing for H1B based on receipt without waiting for approval. Your friend cannot do anything now except for asking his current employer to file labor and move out of the country and wait for it to get approved and refile H1B. Ask him to talk to his 2nd employer to see if he would be interested in taking him back (even then there is no guarantee that he can start working for his 2nd employer but an able attorney can comment on this scenario)

09-11-2011, 09:32 PM
Any other suggestions/Ideas on this situation? More tragic thing on this is their son has just joined collage and now they need to leave the contry, which would spoil his education here and as well in India, as it is too late for him to join any collage in India this year.

09-12-2011, 10:55 AM
This is more Attorney quetion and employer should know, If possible they can apply MTR for H1-B, anyway MTR will take 6-8months, mean while they can start PERM LABOR, if labor is approved they will consider for 1yr H1B