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Thread: I 140 denial

  1. #1

    Lightbulb I 140 denial

    I am on last year of my H1B visa. My Perm application - labor was approved, I 140 was denied. the case has been apealed.

    I am in process of filing for another application for labor under EB2 category.

    in the mean while my lawyers are filing for H1B extension based on the pending decision for apeal on first I 140 denial.

    Can i change roles within same company using the H1B extension recieved based on appeal for denied I 140?

  2. #2
    I think the legality of your decision will be determined by the type of H1B you have today. So you can make a change regardless of your 140 as long as your H1B allows you to do that.

    However I guess what you are asking is that whether such a change will hurt your future GC? Typically career growth in the same job is allowed. However if the role is a very different one from the one in 140 then it could be a problem. You need to vet it with lawyer.
    Quote Originally Posted by diksha View Post
    I am on last year of my H1B visa. My Perm application - labor was approved, I 140 was denied. the case has been apealed.

    I am in process of filing for another application for labor under EB2 category.

    in the mean while my lawyers are filing for H1B extension based on the pending decision for apeal on first I 140 denial.

    Can i change roles within same company using the H1B extension recieved based on appeal for denied I 140?
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

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