7th Year H1b, Prev company revoking approved I 140; H1 valid? Can I port Priority date?

[romanb4u]

Dear All,

 

I got my I 140 approved with company A. But couldn't get 7th yr extension with them  so transferred H1b to company B. Now company A wants to revoke my I 140.

Now my question is, if they revoke I 140 -

1) Will my H1 with company B will be valid as I got 7th yr based on I 140?

2) Will I be able to port my priority date while filing new GC through company B?

3) What are my chances?

 

Please let me know;

 

Thanks in advance.

[shandan]

1) Will my H1 with company B will be valid as I got 7th yr based on I 140?

• Yes

2) Will I be able to port my priority date while filing new GC through company B?

• Yes, if the I-140 was not revoked for Fraud, which does not seem to be the case in your situation

3) What are my chances?

• Again, unless there is some fraud involved there is no risk to your H1 and/or GC processing with the new company

[romanb4u]

Thanks Shandan