Employer's ability to revoke I-140

[laskan2k]

Is it true that an employer will not be able to request to revoke an employee's I-140 after 6 months from the day of approval?

 

Will the employee be eligible for subsequent extensions beyond 6 years with I-140 from previous employer though it's been revoked?

 

Kindly clarify. 

[JoeF]

AN I-140 can always be revoked.

You can still use the PD, unless the I-140 was fraudulent.

[jairichi]

Is it true that an employer will not be able to request to revoke an employee's I-140 after 6 months from the day of approval?

 

Will the employee be eligible for subsequent extensions beyond 6 years with I-140 from previous employer though it's been revoked?

 

Kindly clarify. 

Employer has all rights to revoke I-140 anytime. On a revoked I-140 no extension can be claimed.

[laskan2k]

Is there any need/advantage in waiting for sometime after I-140 approval?

 

Does the employee need to get H-1B extension from the employer who filed I-140 before filing for H-1B transfer?

 

Say if i spend a few months on the H-1B extension beyond 6 years and file a transfer, will i get a fresh 3 years or the remaining time left on original extension?

[jairichi]

Is there any need/advantage in waiting for sometime after I-140 approval?

 

Does the employee need to get H-1B extension from the employer who filed I-140 before filing for H-1B transfer?

 

Say if i spend a few months on the H-1B extension beyond 6 years and file a transfer, will i get a fresh 3 years or the remaining time left on original extension?

You would get your H1B extension approved with new employer before I-140 is revoked.

[satya2k1]

Hi guys,

 

Any of you can provide reference material, or government website link that validates this information? 

Thanks.

[JoeF]

Hi guys,

 

Any of you can provide reference material, or government website link that validates this information? 

Thanks.

The immigration law is online.

[rahul412]

Hi guys,

 

Any of you can provide reference material, or government website link that validates this information? 

Thanks.

Just think practically dude, H1 can revoked at ANY time by your employer, because he is the sponsor. Same in the case of GC, I140 can be revoked at ANY time by the sponsoring employer.

 

If you are not convinced by this reply just go through USCIS website.

[naveen209]

Adding some questions to this related topic:

I am in 4th year on H1 and GC filing is in PERM stage(hopefully will get approved in a month based on current processing time). Once my PERM is approved I am planning to premium process 140. For next step I have few quesitons:

 

> if I move to a new emplyee after 140 is approved in my 4th year, will I get 3yr visa based on approved 140?

> Do we have to stay with current employer for certain time after 140 is approved before we can move to another employer?

 

Thanks...

[rahul412]

I guess you need to stay with that employer to get your H1 beyond 6 yrs.

[naveen209]

I guess you need to stay with that employer to get your H1 beyond 6 yrs.

 

I have not read anywhere stating that we have to be with the same employer. Can you send me the source supporting your statement? 

[jairichi]

I guess you need to stay with that employer to get your H1 beyond 6 yrs.

 

I have not read anywhere stating that we have to be with the same employer. Can you send me the source supporting your statement? 

No restriction to stay with current employer with an I-140 approved. You take the risk of I-140 being revoked by current employer and new employer has to start GC from scratch except that PD can be retained.

[rahul412]

I guess you need to stay with that employer to get your H1 beyond 6 yrs.

 

I have not read anywhere stating that we have to be with the same employer. Can you send me the source supporting your statement? 

Sorry, my mistake.

You need to have I140 approved to get your H1 ext beyond 6 yrs.