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H1B on Revoked I140

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  • H1B on Revoked I140

    Hi All,

    I am currently on 12+ years of H1B and for last 6 years I am getting H1b extended through an approved I-140 from my previous employer. However I just found out today that my I140 has been revoked by my previous employer a long back. (way before I applied for my H1b extension),however I kept on getting H1b extensions. So I am not sure How was the H1b getting extended.

    Now what worries me is that I am due for H1b extension next year, and my I140 is revoked and my current employer has not yet filed for PERM.
    What are my options ? Should the PERM be filed immediately (even though I will have less than 365 days) till my H1 expires. Will I be getting my H1 extended. Will I be able to retain the priority date of previous I140 even though it is revoked?

    Please advice

  • #2
    I am not sure how USCIS was approving your H1B extension if your I-140 was revoked. I guess you just got lucky. Did you check the status of your I-140 online? Extensions are not possible without an approved I-140. Your current employer should have filed for PERM at least 365 days prior to your extension start date.

    Priority date can be retained even if the previous I-140 is withdrawn. No issues with that.
    Not a legal advice. Use of this information is strictly at your own risk.

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