Previous employer revoking approved i-140

[ViralShah]

Hi, 

 

I have an approved i-140 from company X in Dec 2012.  I switched employer and moved to company Y and they used my approved i 140 to get H1- B extension for 3 years valid until April of 2016. 

 

I found out that my previous employer has revoked my i-140 and my current firm is still in process of filing my PERM.

 

I have these questions: 

 

1)  Can the previous employer (company X) revoke i-140 even after continued employment with them for 5 months after getting approved i 140 filed by them?

 

2) Can I retain my priority date even though my i 140 is revoked by previous employer? 

 

3)  Can I still get another H1- B extension based on my previous i- 140 (revoked)? 

 

4)  If I do not get my PERM through new employer  approved before April 2016

     (end of my H1- B extension) then what are my options?  

 

Thanks in advance. 

 

[pontevecchio]

1. YES.

2. YES.

3. NO

4. PERM pending 365 also gives you one year H1 extensions.

[jairichi]

1. Yes.

2. Yes, unless it is revoked by USCIS for fraud.

3. Only till Ap 2016 based on revoked I-140.

4. Exit US.

[ViralShah]

1. YES.

2. YES.

3. NO

4. PERM pending 365 also gives you one year H1 extensions.

 

My 4th question was, If I do not get my PERM through new employer approved before April 2016

     (end of my H1- B extension) then what are my options?

You have said - PERM pending 365 also gives you one year H1 extensions.

 

Is this true even if the first 6 years on my H1 expired in Sept 2014?

My company lawyer said I dont qualify for 1 yr extension, as my Perm through my current employer isnt filed yet and the only option for me is to get Perm and i140 approved before Apr 2016 (my current H1 expiration).

[jairichi]

My 4th question was, If I do not get my PERM through new employer approved before April 2016

     (end of my H1- B extension) then what are my options?

You have said - PERM pending 365 also gives you one year H1 extensions.

 

Is this true even if the first 6 years on my H1 expired in Sept 2014?

My company lawyer said I dont qualify for 1 yr extension, as my Perm through my current employer isnt filed yet and the only option for me is to get Perm and i140 approved before Apr 2016 (my current H1 expiration).

Yes, a PERM pending for more than 365 days will get 1 year extension. But, you don't have a PERM or I-140 now and if nothing happens before April 2016 you will have to exit US.