H1b extension after 6th year and change of employer.

[anilbeereddy]

This is a generic doubt that I have..any inputs would be appreciated.

 

Here is the scenario: Assuming that a employee was with company A and got his/her PERM and 140 approved using which he/she got H1b extension beyond 6 years quota. If his/her company decides to fire the employee for any reason:

 

1) Would he/she still be able to retain status until his H1b expires? 

 

2) If company A revokes the PERM and 140 before employer B starts the Green Card process can he/she retain the priority date?

 

3) Is there any cut off time that the company needs to provide to the employee before they revoke the GC application after firing so that company B can start the process?

 

Thanks,

[jairichi]

1. Yes, only if you move to a new employer.

2. Yes.

3. No.

[itsmeusa]

1. Yes

2. PD established by approved I-140 is always yours to keep even if employer revokes I-140 later on. PD is lost only when USCIS revokes I-140 due to fraud.

3. No such thing as cut off time.

[anilbeereddy]

Thanks guys.