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anishtulsian

I-140 Questions

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1. My PERM was filed under EB3. My I-140 got approved in June 2011. So, now, it has been more than 180 days since my I-140 was approved. I plan to switch jobs/employers to start a new PERM under EB2. Can my present employer revoke my I-140 if I switch jobs now? I heard that an employer loses an authority to revoke an I-140 after 180 days of its approval if I am still working for the same employer?

2. Can an I-140 (not revoked) gotten through employer 1 be used for filing H1B extension beyond 6 years term by Employer 2?

Thanks!

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1. I140 is employer's document. It can be withdrawn any time by the sponsering employer. But PD can be ported to another employer.

2. Yes. You can use the approved I140 to extend the H1from another employer.

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anishtulsian,

1. I-140 is an employer property and can be revoked anytime the employer wants to. A petioner or employee is allowed to retain the priority date of the earliest approved I-140 in their future cases so if you are planning to move and file EB2 with another employer you should be able to retain this date however I have heard that nowadays cases that are revoked by employer have not been able to port due to change in stance by USCIS. Earlier USCIS used to allow porting of dates for the cases that were revoked for reasons other than fraud or misrepresentation but have been denying lately. Please confirm this possibly with a good attorney before making any further moves.

2. Yes. As I mentioned earlier an approved I-140 entitiles you to use that date so you can refer to it for future H1B extensions with any employer.

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