What is the Chances for employer revoking 140

[uchang]

Hi

I am working for an employer A, who is the second layer for my client. Now my client offered me a full time employment for the same position I am working now. My employer had filed 140 very recently under EB2. So far I have been in good terms with my employer, If I make a move to my client what are the chances that my employer will revoke my 140?

My priority date under EB3 is Jan 2008
My employer never gives me the I140 approval though I paid for it
Recently it is ported from EB3 to EB2 and waiting for the 140 approval.

Since it is the client who want to give me a full time position and it is not me running away to a new employer are there chances for the employer to accept it and go with good terms by not revoking my 140?


My client says he will file start the GC process only after a year, If my client accepts to file it under EB2, is it possible to use the same priority date? if yes then is it a good move on GC basis? Or is there anything I can do to make my current employer retain my 140?

Thank You

 

[tux78]

The term to use is "withdrawal of I-140" not revoke. I think employer has the right to revoke. I am not sure if it is best to request them not to withdraw or not mention anything. You probably need to gauge the situation yourself and look at all consequences.

As far as I understand, the PD is yours to keep and can be used for any subsequently filed I-140. If you nearing the end of your H-1b, then an approved I-140 will help you get a three year extension from Employer B. If the I-140 is withdrawn before H-1b is extended, then it will complicate things a bit more.

Here's more: http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html