ArjunReddy9 Posted October 20, 2016 Report Posted October 20, 2016 Hi Everyone, I have been with my current employer for 7 years now on H1B and now I want to move to a different employer because of various reasons. When I contacted my employer about it, he told me that he will revoke my I-140 if I leave. This is causing a lot of stress for me and I want to know how to get out off the situation. My GC priority date is in 2012 and I got my I-140 approved the same year and I have the original document with me. My Current H1B is valid till December 2018 and I am still on H1B because of the approved I-140. What options do I have? Is it true that an employer has to pay certain amount in $$$$ to revoke an I-140? Also does that leave a bad remark against the company? Maybe this will stop him from revoking my I-140? Please advise.
JoeF Posted October 20, 2016 Report Posted October 20, 2016 16 hours ago, ArjunReddy9 said: Is it true that an employer has to pay certain amount in $$$$ to revoke an I-140? Also does that leave a bad remark against the company? Maybe this will stop him from revoking my I-140? Where did you get these ideas from? Geez. No, revocation doesn't cost money, and no, it doesn't leave any bad marks. The I-140 is the employer's application, and the employer has every right to revoke it. There is nothing you can do about it.
ArjunReddy9 Posted October 21, 2016 Author Report Posted October 21, 2016 20 hours ago, JoeF said: Where did you get these ideas from? Geez. No, revocation doesn't cost money, and no, it doesn't leave any bad marks. The I-140 is the employer's application, and the employer has every right to revoke it. There is nothing you can do about it. Ok, thanks for letting me know. So basically I am stuck with the employer is it? My Employer is taking advantage of it.. do I have no choice? Can I get my H1B transferred and lets say I get it till December 2018 again with the new company, and my employer revokes the I-140 after the H1B transfer, what happens? Will my H1B be invalid? or Will my H1B be valid and will my new employer have time till Dec 2018 to file a new GC petition and get the I-140 approved?
JoeF Posted October 21, 2016 Report Posted October 21, 2016 Generally, the PD from the old I-140 can be used for a new application. As far as I know, that's still possible even if the I-140 is revoked (unless there was fraud.) A 7th+ year H1 based on an approved I-140 stays valid even if the I-140 is revoked later.
pontevecchio Posted October 22, 2016 Report Posted October 22, 2016 Transfer the H1 using PP and then the 3 year term you get is still available even if the I-140 were to be revoked subsequently. In such matters would you not think a Lawyer consultation will help you much better than my 2 cents as presumably you are in the firing line?
ArjunReddy9 Posted October 24, 2016 Author Report Posted October 24, 2016 On 10/21/2016 at 2:53 PM, JoeF said: Generally, the PD from the old I-140 can be used for a new application. As far as I know, that's still possible even if the I-140 is revoked (unless there was fraud.) A 7th+ year H1 based on an approved I-140 stays valid even if the I-140 is revoked later. Cool, so I will get my H1B transferred hoping that I will get a 3 year extension and if I do get a 3 year term, I will ask for the I-140 to be filed immediately and that way I can get the I-140 within those 3 years of H1 and later can use it to extend my h1b further. Now, what happens if I get my H1B for say 6 months and my I-140 is filed and do not get it within the 6 months? Thanks
ArjunReddy9 Posted October 24, 2016 Author Report Posted October 24, 2016 On 10/21/2016 at 7:32 PM, pontevecchio said: Transfer the H1 using PP and then the 3 year term you get is still available even if the I-140 were to be revoked subsequently. In such matters would you not think a Lawyer consultation will help you much better than my 2 cents as presumably you are in the firing line? Thanks, I have given that a thought too. How to get a one on one consultation with Murthy Law Firm on this? How much do they charge and for how much time?
Attorney_23 Posted October 24, 2016 Report Posted October 24, 2016 Standard rates for a twenty (20) minute in-person or telephone consultation are $300 for a consultation with attorney Sheela Murthy, or $200 for a consultation with any other Murthy Law Firm attorney. If you choose to engage our services for the matter discussed within 30 days of your consultation, the full amount of your consultation fee will be credited to the final installment of your case. To schedule an appointment with an attorney in our office, please call 410.356.5440 between 5:30am and 7:00pm (ET), Monday through Thursday, or between 8:30am and 5:00pm (ET) on Friday. You may visit https://www.murthy.com/consultations/ for additional details about the consultations offered by our firm.
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