Changing Employer After I140 Approval

[ggovindan]

Hi,
I have I140 approved from my current employer(A) and I have 6 months left on my 6 years H1B. I have got a permanent job offer from my client(B).

Now Employer A called me and said that I should not take the offer from a client as per their contract with the client.

Now if I take the job offer, can Employer A cancel my I140? Since only 6 months are left in my H1B visa, can I still apply for a 3 years extension before they cancel my I140?

Thanks for all your help.

[sdimmigrant]

It is always a good idea to leave an employer in good terms. I have heard in the past that an employer can revoke an I-140 if the relationship turns sour during termination. In those cases, the I-140 beneficiary can lose the priority date that goes with that I-140.

Your worst case is: You chose employer B, emplyer A revokes I-140. Now, you have six months to clear PERM with employer B AND use premium processing for I-140 to get 3 year extensions or clear PERM with employer B and get one year extension based on that. You should get a written commitment from employer B that they will process your PERM on day 1.

Best case: You choose employer B and I-140 from Employer A is still intact. You still have to go through PERM labor, but can use the same priority date as your initial PERM.

In any case getting a commitment from new employer is always a good idea.