I140 approved from Employer A. Extension beyond 6 years H1B if Emp A revokes I140

[bpd_m]

I have an I140 approved from Employer A. I now moved to Employer B. (employer B considering layoff's).

I have my H1B for 2 more years.

 

(1) I was wondering if i will be able to get 3 year H1B extension's beyond 6 years even if Employer A revokes my I140?

 

(2) If I move to company C now, will i get 3 year extension again even if my previous i140 was revoked?

 

Please advise.

 

Thanks

[pontevecchio]

You should be able to retain the existing H1 time left even if the I-140 is revoked. But once the I-140 is revoked subsequent H1 extensions beyond the initial 6 years are not possible.

[schintala]

1. If the employer revokes I140 you can not use it anymore for H1 extentions at another employer

2. No

[bpd_m]

Thanks Folks for the info. I did not know this when i decided to move to Employer B. I had met with the lawyer who filed for my EB2 in Company A and she said it was safe for me to move to Employer B since i had an approved I140.

 

Do employers usually revoke the I140?

 

May be I'll give a call to my employer A and check with them if they revoke I140 petition?

 

Thanks a lot

[Attorney_15]

Once an employer revokes an approved I-140, the beneficiary should be able to retain the existing H1B time but an extension would not be possible on the I-140 and extremely unlikely on the underlying LC as well.