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Old 07-14-2012, 03:50 PM
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Join Date: Jul 2012
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gmworld is on a distinguished road
Default 8th year of H1, H1 expiration 2015, I140 revoked, transfer to new employer

Hi there,

- I was employed with bank A till Jan 2012. Firm A had obtained an approved I140 for me.
- Subsequently I joined an IT firm B in Apr 2012 for stop gap measure till I found a new banking job. I obtained an H1b transfer to firm B, with expiration of H1 petition in Apr 2015.
- I learned recently that firm A has revoked my I140. My I485 was never filed.
- I have finally obtained a long-term, good offer from bank C.

My first question is, even if I can no longer obtain three year extensions on H1b post revocation of I140, can I at least obtain a change of employer on my H1b visa from B to C, with the expiration same as current H1b visa petition expiration up to Apr 2015. Bank C is willing to file new PERM and subsequently new I140, which I should be able to obtain prior to Apr 2015.

My really doomed, worst case scenario will be if I can not even obtain an H1b transfer to firm C, even up to the current expiration of H1b till Apr 2015 because firm B is not willing to file new PERM/ I140 and firm C wont file it unless I am employed with them.

I was also a whistleblower in an investigation against bank A on count of irregular accounting practices. I believe bank A revoked my i140 in retaliation. My second question is, can I seek any protection from USCIS wrt my H1b status by presenting relevant evidence? An employee is supposedly protected from coercive or retaliatory behavior by an ex employer...

Id be very grateful for any insight you can share promptly while I am in a bind whether my career in US is doomed. Thanks!!
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