Visa stamping with I-140 cancelled

[Raj9999]

Dear Friends,

For the first four years of my H1B, I worked with employer-A and he processed my GC and I have approved I-140 copy.

In 5th year, I moved to employer-B and he filed GC and presently there was a query on the labor. After max out period, my employer-B filed H1b extension based I-140 of employer A and petition got approved for another 2 and 1/2 years (i.e. till Oct 2015).

Presently, employer-A is asking me to work with him by transferring my H1, else he is threatening that he will cancel my I-140.

My questions are

1) What happens to my approved H1B petition if my i-140 cancels

2) After 3 months, I am planning to visit India and I have to go for stamping at that time. Will my visa stamping be denied if I-140 get cancel.

3) Should I go to Canada immediately for a visa stamping before he cancels I-140.

Your answers will help me alot.

Thank you in advance.

Raj

[kchokkal]

better consult an attorney what are the possibilities....

[Attorney_25]

Generally an H-1B petition based on approved I-140 continues to be valid even if the I-140 is revoked. Theoretically I-140 revocation wouldn't affect visa issuance, but in practical terms it is better not to rely on a difficult consulate which will be looking for any reason, even an invalid one, to deny the visa. Yes, you may want to consult with a qualified immigration attorney to review your options.

[Raj9999]

Thank you for the reply. I will contact the attorney at the earliest.

Can I know that will there be any cost involved in revoking the I140 (like uscis charges and attorney fee etc).

Thank you very much.

Raj