vprakesh Posted October 21, 2014 Report Share Posted October 21, 2014 Hi I worked at company A till May 2013 and had an I-140 approved(EB-2). I got a confirmation from A that my I-140 will not be revoked, If i left A. I left A and joined the company B. B did H1-B transfer and ported my I-140 (I was able to see my Alien Number in their H1B). B started I-140 for me and my labor is approved with B. B is about to file i-140 for me. When I talked to concerned people in B, I was told that B will revoke my I-140 if i left their company. So the question is : I have already crossed my 6th year stay in USA. If leave B after my I-140 is approved with them and they revoke my I-140 with them, what will happen to my I-140 with A? Will it be still valid and would I able to extend my H1B VISA and keep/port my old I-140 (Priority date and Alien number) with a new company C? Thanks for your reply Link to comment
jairichi Posted October 21, 2014 Report Share Posted October 21, 2014 Employer B revoking your I-140 will not affect A's I-140. You can still retain priority date with C. Link to comment
itsmeusa Posted October 21, 2014 Report Share Posted October 21, 2014 Employer can always revoke I-140 after employee's departure. What will happen to A' or B's I-140, you can't control that. You can't transfer H-1b beyond 6th years based on revoked I-140s. However the PD established by A's I-140 will always be yours to keep. Link to comment
vprakesh Posted October 23, 2014 Author Report Share Posted October 23, 2014 Thanks for the replies. My concern was about the H1B extension. If B has revoked my I-140 and if i need a extension at that time, can my H1 B be extended based on my I-140 with A? Also B has a policy where they may not give us the approved I-140 document to us which also concerns me. Link to comment
itsmeusa Posted October 23, 2014 Report Share Posted October 23, 2014 You can make use of approved I-140 from A to extend your H-1b visa. Make sure A's I-140 is in approved state when H1b xfer to "C" is filed. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.