140 revoked, Please advice

[DonShady]

Hi folks,

 

I had an approved I140  from Company 1 and I moved to Company 2. After moving, my 6yrs quota was depleted. Now  Company 1 has revoked my I140. I have a few months of H1B left and have to figure out my best bet. 

 

At this time, Company 2 is not willing to start the PERM process for me.

 

My attorney from Company 2 says that Company 1 can file a new I140 based on the old PERM(2011). However, attorney from Company 2 says that it is not possible to re use the old PERM. Company 1 is willing to start a new PERM application provided I agree to return to them on getting the I-140 which makes me eligible to file a H1B.

 

Does anyone have experience filing a new I140 using the old PERM after the original PERM was revoked by the company itself?

 

 

Also, on a side note, since this process is long, I was wondering if I can re claim my unused H1B quota(about 4-5 months) now that I am in my 8th year of H1B?

 

 

 

[jairichi]

A PERM is valid for 6 months by which an I-140 has to be filed. Company 2's attorney competency is doubtful. Company 1 has to start from beginning. Even if you recapture those 4-5 months it will not help you stay beyond that date on H1B status as you will not get your PERM and I-140 approved by that time.

[rahul412]

No its not possible to file I140 for old PERM. Yes you can claim those days towards your H1 limit.

[DonShady]

A PERM is valid for 6 months by which an I-140 has to be filed. Company 2's attorney competency is doubtful. Company 1 has to start from beginning. Even if you recapture those 4-5 months it will not help you stay beyond that date on H1B status as you will not get your PERM and I-140 approved by that time.

Thanks for your response jairichi, But the I140 was filed within 6months and was approved as well. Unfortunately it was later revoked by Company 1.

 

Do you mean to say that I am eligible to recapture the H1B time?