H1b Extension with I140 withdrawn

[H1B_EXT_2016]

Hello All,

 

My current H1b expired in May 2016, USCIS has revoked my I140 approval as my previous employer has withdrawn it. My PERM application is in process with my current employer anticipating to file by Dec 1st 2015. I am in a dilemma about my H1B extension, what are my options here:

 

1. Can I file H1b extension based on my approved PERM but revoked I140 from my previous employer?

2. If my PERM is pending with current employer or approved by may 2016, can that be a basis for my H1b extension?

3. can I recapture my H1b time spent out of country after may and meanwhile if my PERM and I140 in premium is approved, I can file for extension?

 

 

[jairichi]

1. No.

2. Only if your PERM is pending for more than a year you are eligible for 1 year extension. Approved PERM gives you nothing.

3. Yes, with an approved I-140.

[H1B_EXT_2016]

From other forum i was under an impression that as long as my previous employer has not revoked my PERM i could use it to get 1 yr extension?

If that is true, how do i know if my PERM was not revoked, I140 i checked online...

[apurvap]

@Jai,

             Based on my previous post using the certified perm filed by Employer A that was filed 365 days before the max-out date(as long it is not withdrawn\180 day expired), Employer B can file for 1 year extension using that perm and you had confirmed the same can be done. Is it not the case?

 

@Ext_2016,

             I am in the same boat as yours only difference is Emp A dint file my I-140 as i have already left Emp A. Only way to find the latest status of a perm is by using the analogy that perm will expire 180 days from the date it is certified or reach out to the employer to find out if they withdrew it before the 180 day expiry. FOIA request is of no use to find the latest status of a perm as they don't have that detail. The public sites like permchecker\icert doleta etc.. that give you the certification status is as of June 30th-2015(2.5 months old and not the latest)

[jairichi]

From other forum i was under an impression that as long as my previous employer has not revoked my PERM i could use it to get 1 yr extension?

If that is true, how do i know if my PERM was not revoked, I140 i checked online...

That is not true.

[vaish123]

how were you able to check if I140 is revoked or not?