Filing an I-140 Petition While H1B Visa Expires: What You Need to Know

Understanding the I-140 Petition Process

Figuring out your options as the expiration of your H1B visa looms close can be stressful. However, there’s hope in the horizon for those wanting to continue their journey toward permanent residency in the United States. The I-140 petition is an integral step in employment-based immigration and provides an essential pathway to securing your future in the U.S.

Can I File an I-140 Petition With an Approaching H1B Visa Expiration?

Yes, you can file an I-140 immigration petition for alien worker even if your H1B visa is nearing its expiration date. This form is filed by your employer to the United States Citizenship and Immigration Services (USCIS) and is a request to grant you, the foreign worker, permanent residency based on employment.

Steps to Take Before H1B Visa Expiration

• Review Your Eligibility: Your employer must demonstrate that a qualifying job offer exists for you, and that they have the means to pay your offered wage. Make sure all criteria are met for the employment-based category under which you are filing.

• Begin the PERM Labor Certification (If Required): Depending on your employment-based category, you might need a Program Electronic Review Management (PERM) labor certification. This should be initiated well before your H1B visa expiration, as it can take several months to complete.

• File Form I-140 Promptly: Timely filing of the I-140 petition can be crucial, especially if you are on the cusp of your H1B visa expiration. It’s best to file the I-140 well in advance to avoid any potential gaps in your immigration status.

Advantages of Filing I-140 Before H1B Expiration

By filing the I-140 petition before the expiration of your H1B visa, you can take advantage of certain benefits:

• Extension of H1B Status: Upon approval, an I-140 makes you eligible to extend your H1B status beyond the typical six-year limit, in one-year increments.

• Priority Date Retention: Even if you change jobs, once the I-140 is approved, the date your petition was filed—your priority date—can be retained. It’s like saving your spot in line for a green card.

• Job Portability Under AC21: The American Competitiveness in the Twenty-First Century Act (AC21) allows for job flexibility. After the submission of an I-485 application for adjustment of status (when the priority date is current), or after 180 days of the I-140 approval, you can switch employers without losing your immigration petition’s status.

Understanding the Timeline and Importance of Professional Guidance

The I-140 petition is a significant step in the employment-based immigration process. The timeline can vary depending on several factors such as the visa backlog, the job category, and individual circumstances. Given the complexities, it’s wise to seek professional legal guidance to navigate the system effectively. An immigration attorney can provide valuable advice on how to proceed, especially in cases where your H1B visa is close to expiring.

Key Takeaways

Preparing and filing an I-140 petition before your H1B visa expiration is a strategic move that helps maintain legal status and can set you on the path to permanent residency. Remember, the employment-based immigration process is intricate and often involves tight timelines, so proactive measures and informed actions are crucial to success.

For more information and official guidelines, you are encouraged to visit the USCIS website at uscis.gov or consult with an immigration attorney.

So there you have it, my friend! Understanding the I-140 petition process is like finding the secret cheat codes to your immigration journey. Filing before your H1B visa expires is the key to unlocking benefits like extending your H1B status, retaining your priority date, and even job hopping without losing your petition’s status. But remember, this process can be as tricky as mastering a video game, so consider consulting an immigration attorney or visiting visaverge.com for more detailed guidance. Happy navigating!

FAQ’s to know:

FAQ 1: Can I file an I-140 petition if my H1B visa is expiring?

Yes, you can file an I-140 petition even if your H1B visa is nearing its expiration date. The I-140 petition is filed by your employer to the USCIS and is a request for permanent residency based on employment. It is an integral step in employment-based immigration and provides a pathway to securing your future in the U.S.

FAQ 2: What steps should I take before my H1B visa expires?

Before your H1B visa expires, there are a few important steps to take:

1. Review Your Eligibility: Make sure your employer meets all the criteria for the employment-based category under which you are filing, including demonstrating a qualifying job offer and the ability to pay the offered wage.

2. Begin the PERM Labor Certification: Depending on your employment-based category, you might need a PERM labor certification. Start this process well in advance, as it can take several months to complete.

3. File Form I-140 Promptly: Timely filing of the I-140 petition is crucial, especially if your H1B visa is expiring soon. It’s best to file the I-140 well in advance to avoid any gaps in your immigration status.

FAQ 3: What are the advantages of filing an I-140 before H1B visa expiration?

Filing an I-140 petition before your H1B visa expires offers several advantages:

1. Extension of H1B Status: Upon approval, an I-140 makes you eligible to extend your H1B status beyond the typical six-year limit, in one-year increments.

2. Priority Date Retention: Once your I-140 is approved, your priority date—the date your petition was filed—can be retained even if you change jobs. This allows you to maintain your place in line for a green card.

3. Job Portability Under AC21: After submitting an I-485 application for adjustment of status or after 180 days of I-140 approval, you can switch employers without losing your immigration petition’s status, thanks to the provisions of the AC21.

Remember, seeking professional legal guidance from an immigration attorney is wise due to the complexities of the process, especially when your H1B visa is close to expiring.

What did you learn? Answer below to know:

1. True/False: Can I file an I-140 petition for permanent residency before my H1B visa expires?

2. What is the purpose of the PERM labor certification in the I-140 petition process?

3. What are the advantages of filing an I-140 petition before the expiration of the H1B visa?