Question about possible -140 Revoke and impact on H-1B Visa work status

[vishucool]

Hello Everyone

 

I have a question about the possible I-140 Revoke and the impact on my H-1B Visa work status.

 

My H-1B Visa will complete its 6 years duration in March 2014. My I-140 application is already approved in October 2013. So now, my H-1B Visa can be extended for another 3 years (beyond the 6 years limit) and thus now my H-1B Visa is now extended till March 2017.

 

I am currently looking for a job change and it’s crucial for me to get an Employer who not only sponsors my H-1B Visa but also resumes my GC process. As my I-140 is already approved (in October 2013), I should be able to retain my priority date when my next Employer resumes with my GC process.

 

But there could be few hiccups and I wanted to ask about those scenarios.

1. For switching my Employer, will I need the original copy of my I-140 approval document or just a soft copy of I-797C form for I-140 approval will do ?
2. Assuming my next Employer will sponsor my H-1B Visa (now valid until March 2017) and PERM (GC) process, if I join the next Employer, say in April 2014, and my current Employer, for some reasons, decided to revoke my I-140 application, then what will be the impact on my work status ?
3. For the above scenario, I think I will lose my priority date if that happens. And suppose, my I-140 is revoked, how does it impact my H-1B Visa work status which was initially extended for the additional 3 years after my 6 year limit, based on my I-140 approval. But as now, my I-140 itself is revoked, what will happen to my additional 3 years extension which is already done ? Please share your views.
4. Is the revoking of H-1B Visa a common scenario which Employers do when the respective Employee switches to another Employer ?
5. I have also heard something like, I should wait for 6 months to complete from my I-140 approval date and then it should be safe to switch Employer. That will ensure that I my current Employer cannot revoke my I-140 application and my next Employer can easily resume with my GC process ? Is that true or just an assumption 
6. If the above statement is not true, then please let me know if there is a safe period after which In can switch to another Employer with no impact on my H-1B Visa work status and my GC process

 

Please guide me tips on what should be a safe and legal way and time for me to switch my Employer and what things I need to take care of.

 

Thanks in advance for your help

[jairichi]

Hello Everyone

 

I have a question about the possible I-140 Revoke and the impact on my H-1B Visa work status.

 

My H-1B Visa will complete its 6 years duration in March 2014. My I-140 application is already approved in October 2013. So now, my H-1B Visa can be extended for another 3 years (beyond the 6 years limit) and thus now my H-1B Visa is now extended till March 2017.

 

I am currently looking for a job change and it’s crucial for me to get an Employer who not only sponsors my H-1B Visa but also resumes my GC process. As my I-140 is already approved (in October 2013), I should be able to retain my priority date when my next Employer resumes with my GC process.

 

But there could be few hiccups and I wanted to ask about those scenarios.

1. For switching my Employer, will I need the original copy of my I-140 approval document or just a soft copy of I-797C form for I-140 approval will do ?
2. Assuming my next Employer will sponsor my H-1B Visa (now valid until March 2017) and PERM (GC) process, if I join the next Employer, say in April 2014, and my current Employer, for some reasons, decided to revoke my I-140 application, then what will be the impact on my work status ?
3. For the above scenario, I think I will lose my priority date if that happens. And suppose, my I-140 is revoked, how does it impact my H-1B Visa work status which was initially extended for the additional 3 years after my 6 year limit, based on my I-140 approval. But as now, my I-140 itself is revoked, what will happen to my additional 3 years extension which is already done ? Please share your views.
4. Is the revoking of H-1B Visa a common scenario which Employers do when the respective Employee switches to another Employer ?
5. I have also heard something like, I should wait for 6 months to complete from my I-140 approval date and then it should be safe to switch Employer. That will ensure that I my current Employer cannot revoke my I-140 application and my next Employer can easily resume with my GC process ? Is that true or just an assumption 
6. If the above statement is not true, then please let me know if there is a safe period after which In can switch to another Employer with no impact on my H-1B Visa work status and my GC process

 

Please guide me tips on what should be a safe and legal way and time for me to switch my Employer and what things I need to take care of.

 

Thanks in advance for your help

1. Soft copy will do.

2. You can still continue on H1B status till March 2017.

3. Refer 2. You can retain your priority date.

4. Depends of employer.

5. No, your current employer can revoke your I-140 anytime.

6. No such safe period exists.

 

Ask your new employer to start your GC process.

[pontevecchio]

Revocation of the H1 petition when an employee leaves is MANDATORY and required and has no connection to you. As long as the I-140 stays approved you can get H1 extensions.

[vishucool]

Thanks for the response jairichi and pontevecchio !

 

@pontevecchio - 

 

 

Revocation of the H1 petition when an employee leaves is MANDATORY and required and has no connection to you

 

I am not sure why you mentioned this. As I did not ask for Revoking of the H1 but for I-140 and the impact. Some confusion I guess and I did not make it clear. Thanks anyways :-)

[vishucool]

Revocation of the H1 petition when an employee leaves is MANDATORY and required and has no connection to you. As long as the I-140 stays approved you can get H1 extensions.

Thanks pontevecchio. I think I did not make it clear. I did not ask for H1 Revoke but for I-140 revoke and the impact from the same.

 

Thanks a lot pontevecchio and jairichi :-)

[pontevecchio]

Your question #4 explains my answer. You got the information you needed without me answering multiple questions.

[vishucool]

@pontevecchio - Aaah, my bad.. Sorry about it. And thanks again :-)