Employer control on I-140

[Sudhasekhar]

Hi MLF,

My previous employer started my G.C. with priority date December 2011, and I-140 got approved in October 2012.  My current employer (since 2014) says he refiled PERM and I140 is approved, but I have no confirmation on that as they do not share copy of I140. I have been getting 3 year extensions on my H1 with my current employer so that means the I140 may have been approved.

Q. With my current employer, will the I-140 approve date be any different from Oct 2012 ?

Q.  Will the receipt number change between previous and current employers ?

Q.  Will my current employer be able to revoke my I140 if I go for a fulltime position ? I have heard if 6 months passed after 140 approval, then cannot revoke.

Q. If current employer refuses to provide copy of I140, will the receipt number be enough for the new fulltime employer ?

[pontevecchio]

1. You are entitled to PD retention.

2. The receipt # is irrelevant.

3. He can revoke the I-140. But after 6 months you will still be entitled to H1 extensions till the PD. If the previous I-140 is not revoked then you have no problem .

4. That is for the new employers lawyer to decide.

Is the original I-140 still approved and not revoked by the employer?

[Sudhasekhar]

Actually my current employer sent me copy of approved I-140 which got approved April 2015. So 6 months already passed. Will my current employer still be able to revoke 140 if I go for a fulltime position ? And yes even my previous employer did not revoke my 140 till date.

My current employer also says he may withdraw my 140 if I choose to go away for FT job, can he do that now that more than 6 months passed after April 2015 ?

[pontevecchio]

It would be in your own interest to regularly scan the Murthy site.

Since your I-140 is approved more than 6 months, you can get H1 extensions till the PD is current. Any revocation by the employer now does not affect your ability to get H1 extensions till PD with any employer. Obviously you will need some new employer to file the GC from Scratch with PD retention.

You are safe to leave if you want.

[Sudhasekhar]

Supposing the new employer files GC starting from PERM, what if the PD gets current in the meantime ?