I am a physician (Indian citizen). I am on a H1. I have an approved I-140 for my current position.
A new job is available (with the same employer) that is substantially different from my current position. If the second job is different enough, will a new application invalidate the approved I-140? This specific question arose because the second PERM process has not been started yet and I am reaching my six year limit in June 2014. At present, as I understand it, I can get a H1 extension based on a prior approved I-140.
If INS revokes the approved I-140 on receipt of a new application, that may leave me with no approved I-140 as a basis for extension. From all I have read, such a revocation seems unlikely. Is there a specific USCIS rule that addresses this?
Filing a new I-140 petition will not invalidate the prior petition.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
A new petition does not invalidate a prior one.
Also, there is no INS. Perhaps you are referring to USCIS.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
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