Printable View
I am getting conflicting answers from different forums on the following issue:
=> Extending H1B beyond 6 years using an revoked(not for fraud) I140.
I know this must be basic query but there are conflicting answers in different forums. I could not get link in this forum for the same issue. Please let me know.
idiotic,Quote:
Originally Posted by idiotic
I guess you are talking about a situation where the Employer has asked USCIS to withdraw the approved I-140 and USCIS has revoked it on that basis.
There seem to be lots of cases where people leave a Company, their I-140 is withdrawn and they need to have another I-140 approved before their H1B expires to be eligible for an extension.
As far as I know, a 3 year extension based on 104(c) of AC21 requires an approved I-140.
If USCIS revoke it because the the Employer requested withdrawal, there is no longer an approved I-140 to base the extension request on.
If, when the extension request is adjudicated, the I-140 has already been revoked - no extension approval is possible IMO.
If the withdrawal request is after your I-485 has been pending for 180 days or more, then my understanding is that USCIS cannot (or should not) revoke the I-140. That might be an entirely different scenario, but I do not know for sure.
Spec,
USCIS cannot deny revoking because that will in a way insist the employer to hold the post . If the job described in the perm is not available anymore, it is required by law to notify the concerned authority.
I-485 pending for 180 days can safeguard only the existing I-485 petition but not the I-140. What do you think?
Kanmani,Quote:
Originally Posted by Kanmani
I agree, which is why I phrased it how I did and I did not feel very happy with that part of the reply.
Maybe it is better to say that an I-140 revoked due to a withdrawal request after the I-485 has been pending for 180 days cannot be a basis for denial of the I-485.
Does that sound better?
I have edited my original post because I think it just confuses things.
Do you have an opinion on idiotic's question?
Spec, as you said, H1b cannot be extended with a revoked I-140 .
Note: Already extended H1b is valid till the end date, even if the I-140 is revoked.
I will give my 2 cents but I am not a lawyer so take it for what its worth.
The basis of H1 extension could be 2 things: 1) approved 140 (3 year extension) Or 2) 365 or more days pending 140 applications or labor application (1 year extension).
If your 140 is revoked but 485 is still pending beyond 6 months and there was no discontinuity in your H1B since last renewal/issue of H1 then it should be renewable.
If your 140 is revoked and (485 was pending less than 6 months OR 485 was not filed at all) then you no longer have pending GC application and not eligible for H1 extension.
Quote:
Originally Posted by idiotic
Thanks a lot everyone for taking the time to explain. Much appreciated.