Discuss I-140 case

I-140 case: Approved in 14 days (162 days less than average)
India
primary
Texas
EB2
15 Mar 2016
15 Mar 2016
non-concurrent
premium
approved
29 Mar 2016
14 days
15 Mar 2016
29 Mar 2016
Now the wait begins (again for the 3rd time) to file I485!!!


Watch this case

Watch this case
If you watch this case, we will notify you every time the applicant updates the case details, or when a user adds a comment to it.
Users currently watching this case: FerrariF1, karthiksubbu 17 Comments

Posted by FerrariF1
08 Nov 2017 #1
Hi Karthik

Can you pl clarify below queries? Thanks !

1) I140 is filed on 1/27/2017 non-concurrent in NSC. Till now no update. My employer raised an inquiry to get reason for delay. Do you have any idea why such long delay?

2) I am completing H1B 6 years on May 2018 so i need to for extension with approved I140. If my I140 is not approved by May then what would be the next steps? How can i proceed for extension? I still have 3 months left over which is uncovered as part of my vacation

3)My employer thinking if we go PP for I140 then they may ask RFE. What is the current scenario for PP will approve within 2 weeks?

4) I can file I485 along with EAD/AP now? does it make difference if i do it later since my PD is SEP 2016.
Posted by karthiksubbu
10 Nov 2017 #2
1. I have no idea, you might just have to persistently follow-up with them.
2. You can get H1 extension for 1 year based on PERM being filed more than 365 days back. You can also recapture your vacation time, if needed. Y
3. PP obligation for them is to process in 15 business days
4. If your PD ic current, yes you can file I485 (not sure how this will be done since your I140 has already been filed), however, I would say it doesn't make a difference since your I140 situation could make this all redundant depending on how it goes. I would suggest you to get the I140 sorted out and then go for I485.
Posted by FerrariF1
10 Nov 2017 #3
Thanks a lot Karthik for your response. Now i am bit relaxed since i will get 1 year +3 months unused period for next extension. Hopefully GOD's grace I140 will be approved soon.
Posted by FerrariF1
26 Jan 2018 #4
Hi
Still my I140 is pending : ( did some of your friends are in same situation as like me? I am NOT sure how far the extension will goes with all things going with Trump now.

How to find USCIS filed date in the petition copy? I can see JAN 27 is received date but not able to find filed date. Pl let me know

Posted by karthiksubbu
29 Jan 2018 #5
I have seen a friend of mine who had his I140 approved after almost 1.5 years of waiting. Did you raise SR before? What are your attorneys saying?
Posted by FerrariF1
01 Feb 2018 #6
I sent escalation email to attorney and employer since my I140 filed very lately. I got a response that My I140 got approved last month which is really weird. I am checking my petition # everyday still stating case was received. I think they under impression that i don't know I140 #. Do USCIS failed to update the status in online?

Posted by karthiksubbu
07 Feb 2018 #7
I wouldn't trust too much the USCIS case status update page. Anyway, good to know that your I140 got approved. Make sure you get a copy of that.
Posted by FerrariF1
07 Feb 2018 #8
Thanks. Employer never provide copy NOT even Receipt # so i asked FOIA to send.
Thanks for your inputs on this.
Posted by FerrariF1
08 Feb 2018 #9
Hi Kartik

Employer called me and said H1B extension filing as premium at present situation getting RFEs straight away. Is that true? I know since my I140 approved and if i get H1B approved in premium they are thinking i may resign(no plans). So they suggesting to file regular and change to premium later. I dont think this is good idea what about your thoughts ?

Also, if uscis plan to stop premium process due to H1B cap season will they notify 3 weeks before to employers?
Posted by karthiksubbu
09 Feb 2018 #10
Actually there is no correlation between RFE and premium processing. But in any case if you are not in a hurry, normal processing itself will get approved within 3 months.
Posted by FerrariF1
23 Feb 2018 #11
Hi Karthik
As i said already my 6th year completing on MAY and my employer not accepting to file premium. I140 approved on JAN only if i change employer now will be difficult ? or if i change employer after 6 months approval of I140 with H1b extension in-progress with normal mode will have any issue? Pl clarify when is best time to change employer. Thanks !
Posted by FerrariF1
23 Feb 2018 #12
2. SOC/O*NET (OES) code
15-1132

3. Occupation Title
Software Developers, Applications

4. Skill Level
Level III


This is my info is that fine or will deny for current scenario?
Posted by karthiksubbu
07 Mar 2018 #13
Best time to change employer will be 180 days after I140 approval, this will ensure you can file 3 yr extensions without any worries.
Posted by FerrariF1
09 Apr 2018 #14
hI
WITH GOD'S GRACE AND BLESSINGS H1B approved for 3 years thru premium without RFE.
Thanks for all your support !
Posted by FerrariF1
30 Oct 2018 #15
Hi Karthik,
Hope you are fine. My I140 approved on JAN 2018 and I got extension until 2021. Pl clarify below questions

1) If I change employer A to B now and new employer just need to file PERM to port same PD ? other than do they need to file another I-140 ?

2) In case if new employer B NOT filing perm until 2021 then on what basis I will get another 3 years of extension ? Can I able to get extension in Emp B using Emp A approved I-140 ?

3) If employer B not filing perm then if i decide to move Employer C before 2021 still they need perm to port PD correct ? again on what basis I will get extension approved?

4) Thru new employer can I able to upgrade from EB2 to EB1 ? how can i file with EB1?

Thanks !
Posted by karthiksubbu
14 Nov 2018 #16
Hi,
My answers below

1) If I change employer A to B now and new employer just need to file PERM to port same PD ? other than do they need to file another I-140 ?
Yes new employer has to file PERM and then I140. It is at I140 approval stage when your D gets ported. Make sure to look at the approval document has the older PD ported over.

2) In case if new employer B NOT filing perm until 2021 then on what basis I will get another 3 years of extension ? Can I able to get extension in Emp B using Emp A approved I-140 ?
You can continue H1 extensions based on your previously approved I140, even though it gets withdrawn since it has been more than 180 days from approval.

3) If employer B not filing perm then if i decide to move Employer C before 2021 still they need perm to port PD correct ? again on what basis I will get extension approved?
Yes refer to #1. Employer C will follow the same process. Refer #2 for H1 extension.

4) Thru new employer can I able to upgrade from EB2 to EB1 ? how can i file with EB1?
There is nothing like upgrading from EB2 to EB1. That is a separate filing process which does not involve PERM. When you file I140 under EB1, you can file based on your EB2 PD. The PD porting will get applied to your EB1 I140.
Posted by FerrariF1
19 Nov 2018 #17
Thanks a lot Karthik for detailed response.

Add a comment

When you add a comment, (1) we will notify the applicant so he/she can respond, and (2) you will begin to watch this case.