H1B / I-140 Revoked.

[ponna]

Hi,

 

I have already completed my 6 years on H1B, I got my labor I-140 (EB3) approved on 04/2011 from my employer A and I got 3 years extension on H1B valid until 2015 Apr.

I Joined Employer B on 07/13. they filled my H1-B Extension on Normal process, now I got an RFE on my extension stating that they need valid I-140 doc. for my H1-Extension.

I came to know that my employer A already revoked my H1B on Nov 2013 as well as I-140 on Jan 2014 after i got the RFE.

Question:

1. Can i re-join my employer A ?  can they cancel the revoked I-140 ? will they have to start the H1B / perm/Labor/I140 from the begining?

2. What happen if my employer B extension got rejected?

 

Thanks..

 

 

 

[jairichi]

Hi,

 

I have already completed my 6 years on H1B, I got my labor I-140 (EB3) approved on 04/2011 from my employer A and I got 3 years extension on H1B valid until 2015 Apr.

I Joined Employer B on 07/13. they filled my H1-B Extension on Normal process, now I got an RFE on my extension stating that they need valid I-140 doc. for my H1-Extension.

I came to know that my employer A already revoked my H1B on Nov 2013 as well as I-140 on Jan 2014 after i got the RFE.

Question:

1. Can i re-join my employer A ?  can they cancel the revoked I-140 ? will they have to start the H1B / perm/Labor/I140 from the begining?

2. What happen if my employer B extension got rejected?

 

Thanks..

It was unwise of you to join employer B without H1B petition/extension approval.

1. You cannot rejoin employer. I believe they have to start  from scratch for your GC processing (I am not 100% sure).

2. You have to leave US if employer B's petition gets denied or you can move to dependent status based of your spouse status in US.

 

Talk to a good attorney asap.