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I travel now, will I have a problem considering the I-140 based on which I had got the H1B approved beyond 6 years has been revoked?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.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
H1B Validity after underlying I-140 is revoked
- Thread starter shonaPOR
- Start date
Hi,
If your H1b is valid from employer Y and you have all the appropriate papers (letter from employer, pay stub etc.), then status of I-140 shouldn't matter. As you don't work for employer X anymore, it is natural for them to withdraw the petition. However, that does not impact the current H1b status.
That's my interpretation but it is always a good idea to consult an expert attorney regarding this matter.
If your H1b is valid from employer Y and you have all the appropriate papers (letter from employer, pay stub etc.), then status of I-140 shouldn't matter. As you don't work for employer X anymore, it is natural for them to withdraw the petition. However, that does not impact the current H1b status.
That's my interpretation but it is always a good idea to consult an expert attorney regarding this matter.
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I travel now, will I have a problem considering the I-140 based on which I had got the H1B approved beyond 6 years has been revoked?
----------------I don't see problem. you were eligible for H1 and USCIS extended your H1 and then you got Visa stamp.
My new employer Y has yet to start my GC process.
-----if you have I-140 filing receipt or copy of I-140 approval then keep the copy with you. when new employer file LC and then file I-140 you can recapture the PD of past I-140 (as I-140 was approved for you) and give the evidence of I-140 approval to new Lawyer when new company lawyer file I-140 for you.
----------------------