New Job , Previous employer revoked I140

[newsforsid]

HI,

 

I have been in the US for a little over  7 years ( L1B and H1B) working for an employer (Company A) who filed my GC in 2007. I had labor approved by 2008 and I140 approved by early 2009.

 

I switched my employment late last year. The new employer (Company B) filed for an H1B transfer and got it approved until late 2016.

 

Now, I received a notice from USCIS, that "the previous decision made on your case was revoked" related to my I140 , IMMIGRANT PETITION FOR ALIEN WORKER filed by my previous employer (Company A).

 

How does this impact me:

1. Is my current H1B (filed by Company B) valid and I am allowed to stay until the end of H1B validity period ? Since I had already maxed out the 6 year H1 period.

2. Would it impact my ability to extend the H1B further (with Company B)?

3. In case my current employer (Company B),  files for GC can I retain my previous priority date of 2008?

4. Is there is time line , how soon should the new green card process be started ?

 

Thanks in advance.

 

 

 

[jairichi]

HI,

 

I have been in the US for a little over  7 years ( L1B and H1B) working for an employer (Company A) who filed my GC in 2007. I had labor approved by 2008 and I140 approved by early 2009.

 

I switched my employment late last year. The new employer (Company B) filed for an H1B transfer and got it approved until late 2016.

 

Now, I received a notice from USCIS, that "the previous decision made on your case was revoked" related to my I140 , IMMIGRANT PETITION FOR ALIEN WORKER filed by my previous employer (Company A).

 

How does this impact me:

1. Is my current H1B (filed by Company B) valid and I am allowed to stay until the end of H1B validity period ? Since I had already maxed out the 6 year H1 period.

2. Would it impact my ability to extend the H1B further (with Company B)?

3. In case my current employer (Company B),  files for GC can I retain my previous priority date of 2008?

4. Is there is time line , how soon should the new green card process be started ?

 

Thanks in advance.

1. Yes, valid till late 2016.

2. If employer B has not started your GC process you have to leave the country by late 2016.

3. Yes.

4. No time line. But, better to start asap.

[pontevecchio]

1. Yes.

2. Yes unless you have PERM pending 365 or I-140 pending 365 or approved I-140 with any company.

3. Yes.

4. It is up to B. No harm asking them.

[iaquil]

Is it not true that PD will remain the same until the ex employer has not revoked the perm # and 140 # after the employee left the co ? Because there is no point for the ex employer to keep that record with USCIS if the employee has resgined. If that's true then how the new perm with new i140 with new employer can make use of old PD?

[pontevecchio]

It is the policy of the USCIS to allow retention of a PD in the absence of fraud. The way it works is one has proof of a previously approved I-140 and at the subsequent I-140 following the new PERM the PD is allocated.

[Attorney_15]

In this situation with the revoked petition, a person would need to have a labor certification filed 365 days before one needs the extension or an approved I140 with a priority date that is not current in order to get a three years extension. An approved labor certification without an approved I140 and less than 365 days since the LC was filed provides no benefit. So it is usually important in this situation to start a new labor certification as soon as possible to get in place the means to having a basis for extension of status as well as a means to getting the Green Card.