H1B pending with new employer, old employer revoked I-140

[chaddibanyan]

Hi Guys,

My I-140 EB2 got approved on September-10 and my client gave me an offer to join full-time starting Oct-15.

They will file my H1-B on October-8 in premium.

My current H1-B is valid up to April-2013.

My old employer will revoke my H1-B and approved I-140 on October-12.

I have I-94 and I-797 valid until April-2013.

Will I be out of status on October-15?

Please help and make me understand.

Thanks.

[kalyan_ac]

If your current employer plans to revoke your H1/I140 by Oct 12th, please have your new employer file for a h1 transfer before Oct 12th.

You will have to start over your GC process and you can retain your PD.