Will H1 extension (8th year) be void after I-140 is cancelled from previous employer?

[singhraj]

Hi there,
I'm getting mixed responses on my concern mentioned below ...

I'm in 8th year of my H1-b.

I was with Employer A, had my Labor & I-140 approved (April 2011), left the company in March 2012. The situation now is Employer A has cancelled my I-140.

Employer B filed for H1 extension, got an approval till March 2015.
Employer B will be filing my Labor all over again (not sure whether I'll be able to retain the Priority date of April 2010 as Employer A has cancelled my I-140).

As you know my previous Employer A has cancelled my I-140 & I'm in my 8th year of H1.

Will my H1-b become void as my Labor has NOT yet been filed with my current Employer B (under process - advertisement) & my I-140 has also been cancelled as the basis of H1 extension after 6 years is active LC, I-140 or 485 ?

Please advise ...

Regards
Raj

[singhraj]

This is what i received from my Company's attorney.

Validity of post-sixth year H1B status after an I-140 is withdrawn

In short H1-b extension should be good post 6th year as far you get I-140 approved before your H1-b expires (7th, 8th or 9th year)

Hope this helps to folks in similar situation to mine...

Thanks
Raj

[singhraj]

Apologies, here is the link

Validity of post-sixth year H1B status after an I-140 is withdrawn (http://www.imminfo.com/Library/temporary_work_visas/H1B/validity-after-petition-revocation.html)

Thanks
Raj