I-140 Approved now got an offer from another employer

[kmvadhvana]

Hi,

my i-140 has been approved 1 month back and my PD is Aug 2014.

now i got offer from another employer and they are ready to take over the process or redo  the process. 

 

1) what if my current employer revokes i-140 when i have my h1b transferred to new employer ? what difference does it make in my situation ?

2) Should i be able to retain my Priority Date ?

 

 

[jairichi]

1. Once H1B with new employer is approved before revocation of I140 you will be able to get 3 years. Otherwise validity of new I797 will be till your current I94 expiry date.

2. An attorney had mentioned in this forum that they have seen instances where PD was not retained after employer revoked or withdrew I140. You need to talk to an attorney.