Form We-140 portability not as much as point 204(j) of your Immigration and you can Nationality Operate (INA); Extensions out-of position needless to say H1B nonimmigrants beyond the 6-12 months legal maximum significantly less than parts 204(c) and you may 106(a) and (b) out-of AC21; and you can Qualifications to possess a position agreement within the powerful items under the amended 8 C. 204.5(p) [discover post].

For the change, the newest amended regulation renders obvious you to a medication Mode We-140 which is subject to withdrawal or company termination does not, by itself, create a bona-fide bring regarding a career connected with this new petition. Because of this, if you’re 8 C. 205.1(a)(3)(iii)(C) and (D) get prevent specific petitions throughout these situations from being instantly revoked, the fresh beneficiaries of your petitions need certainly to sometimes (1) enjoys the new Variations We-140 recorded for them, otherwise (2) in the event the permitted do so area [...]