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Litwin & Smith Nationwide FY 2021 H-1B Cap Petition Filing Ends June 30, 2020

IMPORTANT ANNOUNCEMENT: Litwin & Smith provides nationwide H-1B Cap Petition preparation for H1B Cap registrations selected in the H1B Cap lottery. The 90-day filing window for Employers to submit their H1B Cap Petitions end June 30. Don’t delay. File Your Petitions Now. The experienced, trusted law firm of Litwin & Smith will assist you through every step of the petition filing process. Contact Litwin & Smith to receive H-1B Petition assistance.

I-140 Irrevocable after 180 days of approval

Employer cannot revoke I-140 after 180 days of approval; New rule Jan-17-2017

Form I-140 petition validity. The final rule clarifies the circumstances under which an approved Immigrant Petition for Alien Worker (Form I-140 petition) remains valid, even after the petitioner withdraws the petition or the petitioner's business terminates, including for purposes of status extension applications filed on behalf of the beneficiary, job portability of H-1B nonimmigrants, and job portability under section 204(j) of the Immigration and Nationality Act (INA), 8 U.S.C.1154(j). .... and

Retention of employment-based immigrant visa petitions. To enhance job portability for certain workers with approved Form I-140 petitions in the EB-1, second preference (EB-2), and third preference (EB-3) categories, but who are unable to obtain LPR status due to immigrant visa backlogs, the final rule provides that Form I-140 petitions that have been approved for 180 days or more would no longer be subject to
automatic revocation based solely on withdrawal by the petitioner or the termination of the petitioner's business. See final 8 CFR 205.1(a)(3)(iii)(C) and (D).

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