I -140 revoking

[vprakesh]

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

[jairichi]

Employer B revoking your I-140 will not affect A's I-140. You can still retain priority date with C.

[itsmeusa]

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.

[vprakesh]

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. 

[itsmeusa]

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.