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View Full Version : H1B Validity after underlying I-140 is revoked


sdckkbc
04-19-2011, 04:16 PM
I am in 7th year of H1B; At the end of my 6th year, I changed employers from X to Y and got 3 years extension based on approved I-140 filed by old employer X. In my 7th year I went to India and got visa stamped based on new employers I-797 and old employers I-140. Now My old employer X has revoked the I 140. My question is if I travel now, will I have a problem considering the I-140 based on which I had got the H1B approved beyond 6 years has been revoked? My new employer Y has yet to start my GC process.

ivgclive
04-19-2011, 04:30 PM
I am in 7th year of H1B; At the end of my 6th year, I changed employers from X to Y and got 3 years extension based on approved I-140 filed by old employer X. In my 7th year I went to India and got visa stamped based on new employers I-797 and old employers I-140. Now My old employer X has revoked the I 140. My question is if I travel now, will I have a problem considering the I-140 based on which I had got the H1B approved beyond 6 years has been revoked? My new employer Y has yet to start my GC process.

I guess your H1B is not tied with your I-140 except the time when they took the decision on approving H1B. You could start the GC process and use new PERM/I-140 for future extensions.

gc_on_demand
04-19-2011, 04:31 PM
can you let us know how many days it took old employer to revoke I 140 ?
May be I will be in same boat soon.

sdckkbc
04-19-2011, 04:37 PM
I guess your H1B is not tied with your I-140 except the time when they took the decision on approving H1B. You could start the GC process and use new PERM/I-140 for future extensions.

Thanks for your reply. So I should not have any issues in travel even with revoked I-140 if I have valid I-797?

sdckkbc
04-19-2011, 04:47 PM
can you let us know how many days it took old employer to revoke I 140 ?
May be I will be in same boat soon.

4 months. How long you left your last job?

gc_on_demand
04-19-2011, 05:12 PM
4 months. How long you left your last job?

So many things happening around my company so I am thinking to change company before they fire me..