View Full Version : I 140 approved through labor certification, changing jobs and travel

03-06-2016, 04:20 PM
Dear Folks , Your posts are very informative. Thank you for helping us all out!!
I am currently on my 5th year on h1b visa and its expires June 2017 which will complete a total of 6 years on h1b visa..
My I 140 was approved though labor certification via current employer. I was told I could extend my h1b in 3 year increments . My question:

1: if I were to find another job in another state and my current employer revokes my i140 how do I go about it? I was told it would take months for the new job to get PERM and Labor certification before I can get a new i140 so how should I best time the transfer?? Would I be able to join a new job if i140 from current employer gets revoked since 6years on h1b Would be up June 17. is it better to get the extension first for 3 years with current employer then transfer h1b to second job and if after transfer I 140 is revoked am I screwed or will my h1b be good for 3 years with new employer?

2 If I wanted to take a break for 6months after my h1b visa expires before coming back to a same or different job how should I go about it? Would my case be considered abandoned ? How would a transfer work in that case .if my current company hasnít revoked i140 in that time would I be allowed to extend h1b x3years with new company .
If there is risk of I 140 being revoked should I again apply forh1b extension with first company first , transfer h1b to second company but put start date 6months later and maybe then later have second company file PERM/labor cetification and will PD from first petition carry over? Is that even possible?

3 This is my 4th year as a physician in an underserved area which includes 3years of j1 waiver and Iím an idiot for not applying for NIW earlier. If I started this process today can I use the time Iíve already spent to apply for NIW ? Basically can the time already committed in the past to serving an underserved area be counted in the 5 year requirement or will the clock start ticking only after I put the application in ? Seems like I have wasted 5 years of my time but hoping the time spent can be included in application so all thatís left over is 1 year to complete the requirement. Since I have completed 4 years of service in MUA while applying for NIW do I still need to have a 5 year contract in hand ?

I would greatly appreciate your advice.Thank you sooooooooo much.