H1B extension beyond 6 years with approved I140 which is revoked

[challa1982]

Hi All,

I have my I140 approved (EB3) copy from my previous employer and last year I moved to client company directly and the client just started the GC process in EB2 still waiting for the Labor to get approved (filed less than a month ago). My 6 years of H1B is completing in March 2013 and client is ready to file the H1B extension with my old approved I140 copy. I am not sure if my previous employer has revoked my I140.

What are my chances of getting the extension of H1B beyond 6 years with revoked I140? And how should I proceed...Any help is much appreciated.

Thanks!

[kalyan_ac]

Extension will be denied if the I140 has been revoked.

[challa1982]

Thanks immigrationseeker, is there a way that I can check if my I140 is revoked or not?

[kalyan_ac]

I140 is the employers document. If you have the petition number, you can check the status in uscis.gov.

[challa1982]

Thanks Again, this is what it is showing as...

Post Decision Activity

On September 12, 2011, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

[barkulkum]

Extension will be denied if the I140 has been revoked.

Only for revoked petition with Fraud or error not employer withdrawn petitions i believe, consult your employer's attorneys in this regard. And as per the USCIS Memo (Q&A Section III) http://www.uscis.gov...intrm122705.pdf It looks like the approved I140 is enough to get 3 year extension, it does'nt really matter if it has been withdrawn or revoked apart from Fraud or Error.

[challa1982]

Thanks Barkulkum!