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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 01-31-2007, 03:51 AM
aristotle aristotle is offline
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Default One other undiscussed(?) benefit of stopping LC substitution

If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge

Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
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  #2  
Old 01-31-2007, 08:03 AM
msp1976 msp1976 is offline
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Quote:
Originally Posted by aristotle
If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge

Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
Yeah..
In fact the act of withdrawing also costs money which many employers would not be willing to pay...
Good one....Never thought of it this way...
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  #3  
Old 01-31-2007, 02:21 PM
pasupuleti pasupuleti is offline
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I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.

Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup
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  #4  
Old 01-31-2007, 02:47 PM
pitha pitha is offline
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How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they donít leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.

I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.

All the more reason to push for the 485 measure.


Quote:
Originally Posted by pasupuleti
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
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  #5  
Old 01-31-2007, 02:51 PM
satyasaich satyasaich is offline
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Default I feel your lawyer did not provide accurate details

As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna

Quote:
Originally Posted by pasupuleti
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said



Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup
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  #6  
Old 01-31-2007, 03:09 PM
GCard_Dream GCard_Dream is offline
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Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :

1. has a approved labor and 365 days have passed. OR
2. has a approved I-140

Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?

Quote:
Originally Posted by satyasaich
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
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  #7  
Old 01-31-2007, 03:27 PM
aristotle aristotle is offline
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Default

Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
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  #8  
Old 01-31-2007, 03:44 PM
eager_immi eager_immi is offline
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aren't u contradicting urself?

Quote:
Originally Posted by aristotle
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
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  #9  
Old 01-31-2007, 03:48 PM
aristotle aristotle is offline
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Where?

Let me explain in a bit more detail..

Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.

You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved

One your I140 is approved with Company B, you are in a good position again.

Crystal?

Quote:
Originally Posted by eager_immi
aren't u contradicting urself?
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  #10  
Old 01-31-2007, 04:18 PM
pmat pmat is offline
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Quote:
Originally Posted by satyasaich
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna

I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
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  #11  
Old 01-31-2007, 04:46 PM
whoever whoever is offline
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how can one get copy of i140? does it not belong to the company?
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  #12  
Old 01-31-2007, 05:06 PM
pmat pmat is offline
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Quote:
Originally Posted by whoever
how can one get copy of i140? does it not belong to the company?
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
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  #13  
Old 01-31-2007, 05:10 PM
optimist578 optimist578 is offline
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Default Status of I-140

Quote:
Originally Posted by pmat
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
Is there a way to track the status of one's I-140 petition through USCIS's website?
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  #14  
Old 01-31-2007, 05:15 PM
DareYouFireMe DareYouFireMe is offline
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Default I-140 Copy

You can also obtain it through Freedom of Information

Quote:
Originally Posted by pmat
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
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  #15  
Old 01-31-2007, 05:17 PM
pitha pitha is offline
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the address for checking case status is

https://egov.immigration.gov/cris/jsps/caseStat.jsp

You have to enter your receipt number


Quote:
Originally Posted by optimist578
Is there a way to track the status of one's I-140 petition through USCIS's website?

Last edited by pitha; 01-31-2007 at 05:20 PM.
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