H1B Extension/EB 2 PD Porting on revoked I-140

[CAH1B09]

Hi - I am on my 8th year extension from Employer A on approved EB3 I-140. Now if I want to join a new employer B and employer A revokes my I-140 then:

1. Can I even transfer my H1B which is based off of approved I-140 from Employer A? Employer B may not be doing H1B transfer in premium processing so it will take time

2. If employer A does not revoke the I-140 till my H1B is transferred, but does it later (before I file EB2 from Employer B) - in that case can I port my EB3 dates in EB2 from new employer B (I have the copy of approved I-140)?

Please advice.

Thanks.

[anil_potu]

Best bet in ur case is to get H1 transfer in premium processing explaining ur new HR the situation. If 140 is revoked before ur H1 transfer there are cases where USCIS denied that showing revoked 140 and past 6 yr period on H1B.

There are cases where even after new 140 is filed they are not getting old PD and reason being revoked old 140(it may be for any reason). Second scenario is happening now a days, not in all cases but i saw couple in forums.

[CAH1B09]

Thanks Anil for the clarification!

On my 2nd point, I was under impression that even of Employer A revokes your I-140 with any reason other than Fraud, you are good to port the PD date as long as you have the copy of that old I-140.

Gurus, please help.

Thanks

[anil_potu]

thats a grey area because now a days USCIS is rejecting porting based on revoked old 140, it can be for any reason and attorneys and filing MTR. It might work but it is time consuming process. Hope after some MTR's USCIS will have a concrete solution to this issue.