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Old 01-05-2016, 11:12 AM
abhi_2753 abhi_2753 is offline
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Priority Date
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May-10
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EB3
I140 Mailed Date
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India
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I-140
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Join Date: Apr 2011
Posts: 25
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Default H1 Extension question after 140 approved and revoked

Quote:
Originally Posted by DMX17 View Post
If your I-140 from Employer A is already revoked, you will not be able to use that today or when the new rule goes in effect for new H-1 extension. I mean the new rule does not intend to create a new Zombie I-140 category where died I-140 (killed by employer) will come back to life for "lifetime" wage depressing H1 extensions.


That revoked I-140 is, however, good for retaining the priority date (which your employer B should request on their I-140) and this "PD porting" is allowed NOW under the current law only.
Thanks DMX17
While I was waiting for your answer, I also asked same question to Murthy law firm. I know that the if it comes to policy I shouldn't listen to Lawyers but as this is specific question I asked them and here is what I got response. I am bit confused.

Question-
I have a specific question, if someone could answer will be great help.
I have 140 approved almost 4 years ago with employer A. Then I moved to employer B and employer A revoked 140. My current employer is in process of PERM.

1) My question is with proposed memo, will I able to get extension even my 140 is not approved with current employer and even previous 140 is revoked?
2) How would I know if my employer A revoked 140 or not?

Response below-
1. The proposed changes suggest an individual can obtain H1B extensions even when an I-140 is withdrawn by an employer if that I-140 has been approved for at least 180 days prior to withdrawal.
2. You can check the online status at Homepage | USCIS. However please be aware USCIS does not always update the case status punctually or accurately 100% of the time.
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