Company revokes I-140 after H1 transfer

[mukeshsehgal]

Hi there!

I am in 7th year of my H1 (got 3 years extension until Dec 2014) and I would like to leave Company A (they have filed my GC in EB3 category). I will join Company B only after H1 transfer.

Company A has clearly stated that upon leaving, they will revoke my I-140.

Q: After my H1 has been transferred to Company B, what impact I-140 revokation could have on my H1 with Company B? USCIS will revoke my H1 as well?

[noauditplz]

if employer A revokes I140, your transfer may land in RFE for a document that proves your eligibility for 7th extension (remember transfer is same as applying for new H1) and if a RFE response is not provided within the given time (generally 2-3 months),H1B will be denied.

it is safer to have employer B file PERM+I140 acquire approvals and then you move to them or port your EB3 to EB2 with current employer provided a valid job is available and you meet requirements for it