H1B validity after I-140 revoked by previous employer

rcaaudio

New Member
I am working for Employer A on H1B and 6 years limit expires in 10 months (Sept 2020). I just got I-140 approved with Employer A (Nov 2019). I have a job offer from Employer B and would like to move in next 2 months (before 6 months of I-140 approval).

1. If Employer A revokes/withdraws I-140 will the H1B transfer/extension with Employer B be valid?
2. If Employer A revokes/withdraws I-140 can the priority data be ported when Employer B petitions for PERM/I-140?
3. Can I switch and take up on the job offer before 6 months of I-140 approval?
 
Yes if employer A withdraws I-140 before 180 days of its approval you cannot avail benefit of AC21 to extend H-1b beyond 6 years.
Priority date belong to individual beneficiary unless it is revoked by USCIS due to fraud or misrepresentation. You should be fine only if withdrawn by employer upon your exit from company.
 
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