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Old 11-11-2012, 08:21 PM
riyopi0102 riyopi0102 is offline
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Default I-140 denial with H1b valid till 2014 but from previous employer

Hi,

I entered the US under H1b which is valid until Feb 2014. I recently changed employer and they applied for H1B lateral transfer. While waiting for this to get adjudicated, my new employer filed for EB2 and GC. Application for lateral transfer of H1B got RFE'd which the company was unable to fulfill hence they withdrew application since I am already legal to stay because of the GC application.

My question is, if I-140 gets denied, would I still have valid/legal status to stay since I do not have a current H1B with my new employer (H1B from previous employer is still valid until 2014)?

Your answer would be greatly appreciated. Thank you so much.
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Old 11-12-2012, 03:49 PM
sac-r-ten sac-r-ten is offline
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Default

Looks like its pretty complicated for you, since you have no H1B from current employer and you have left your previous employer. Who is paying your salary now?
If you are not getting paid, then you will acquire unlawful presence. Please get a new employer and start the transfer(which is actually fresh H1) or go back to previous employer and start the pay cycle.
Denial of I140 would not affect you unless your H1B terms ending and you have no GC process to fallback for extensions.

good luck.
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