ashkot Posted June 23, 2015 Report Posted June 23, 2015 Hi all, I am in a bit of situation just now and wanted some help. My I-140 was filed by employer A and approved in 2011. In 2012 Employer A declared bankruptcy and shut-down. I changed employment to Employer B in 2012 and H1B was transferred and extended. The founders of employer A and B are the same. Recently I left employer B and found out that the I-140 is possibly revoked, the USCIS website is not fully updated yet. My question is that can someone revoke I-140 that was on behalf of employer A when employer A is shut-down. Thanks in advance.
jairichi Posted June 23, 2015 Report Posted June 23, 2015 When the company is no more in business how do you expect that I-140 to be active? When the dates become current do you think that company will rise from the dead and offer your that position for which GC was processed?
rahul412 Posted June 23, 2015 Report Posted June 23, 2015 when company itself filed for bankruptcy what's the use of having active I140??
ashkot Posted June 29, 2015 Author Report Posted June 29, 2015 jairichi- i was told and possibly incorrect that corporate law and immigration law cannot be mixed. I was let to believe that 140 could be active even if the company was shut-down. Obviously, I was not planning on using that 140 when the dates become current instead I had planned to file the 140 again but right now I need extension on my H1B..... rahul412- i think the above will also answer your question.
jairichi Posted June 30, 2015 Report Posted June 30, 2015 jairichi- i was told and possibly incorrect that corporate law and immigration law cannot be mixed. I was let to believe that 140 could be active even if the company was shut-down. Obviously, I was not planning on using that 140 when the dates become current instead I had planned to file the 140 again but right now I need extension on my H1B..... rahul412- i think the above will also answer your question. Well, why don't you talk to a good immigration attorney as there is a high possibility that you cannot even retain that PD.
ashkot Posted July 3, 2015 Author Report Posted July 3, 2015 Well, why don't you talk to a good immigration attorney as there is a high possibility that you cannot even retain that PD. I did talk to a couple and they are sure themselves if the PD can or cannot be retained...
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