I-140 Status Inquiry

[KARTHIK3224]

Hi,

Currently i resigned from my current employer since I'm going back to India. I inquired about my current VISA status ( I-94 expiry till 01/10/2022) and they told me  that the employer void my H1-B visa within 60 days.

Right now i'm holding I-140. Please let me know if my employer revoke / void my H1-B , will it affect my I-140 (processed by my employer) . 

And also can i apply H1-B on non cap ( no lottery) after 60 days with new employer ? 

Note : I-140 approved on Dec-2016

Thanks
Karthik

[Zodiac System]

Your employer will not be able to revoke your I-140 as it was approved in Dec-2016.  I-140 is specific to particular employer and job but you will be able to port your priority date.  Revoking your H1b should not void your I-140.

Let's see what other experts advise

 

[JoeF]

The employer is required by law to inform USCIS when you no longer work there. It has no effect on getting a cap-exempt H1 later

Edited September 8, 2020 by JoeF

[gopalakrishnach]

Revoking H1B will not automatically revoke I140. I140 can be revoked only with 180 days and not beyond that. You need to have new employer do your I140 by porting your priority date.