H4-H1 change of status, I-140 withdrawn by previous employer

[India365]

Hi,

I am currently working on H4 EAD for employer C and they have applied for H4 - H1 change of status

I was having H-1B from Oct 2008, my I-140 was approved in Feb 2015 by employer A. I worked for employer A till Jan 2016

After H4 EAD rule, I have changed to H4 in Jan 2016 and working on EAD for employer B. Employer A revoked my I-140 in June 2016 after 180 days of approval.

1. Am I still eligible to change status and extend my H1 even after my I-140 is revoked?

2. I am outside of US from Jan 2015 to Feb 2016 more than a year after my 6 years of H-1B visa but I was having valid extension during that time. Is this any kind of advantage to get extension now?

[India365]

Can someone please provide info on my scenario. Thanks

[pontevecchio]

1. Your question is whether the new rules have retrospective effect. You also state that C has filed a H1 petition for you presumably non cap. So you will have to wait for the petition with C to be decided to find out.

2. Outside the USA, you have no connection to the H1.

[India365]

I have received RFE (Extension beyond 6 years) on H1 filed by employer C. Is the new rule applicable for my case?

Is anyone on the same boat or know about this scenario. Appreciate your response