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  • I-140 revocation

    Hello..

    I'm moving from Employer A to B. My 4yrs of H1B is completed and have I-140 approved in 2015. Now my new employer B has filed my H1B transfer using already approved 140. As premium process is not available, my h1b transfer is still under process with USCIS. Meanwhile, my Employer A says that he will cancel my 140 as I'm no more working for his company.

    1) Can an employer cancel I-140 which is approved back in 2015?

    2) Cancelling 140 will have any affect on my H1B Transfer, wife H4 EAD extension which is still in process?

    3) If old employer cancels I-140, will USCIS approve H4 EAD??



    Thank you....

  • #2
    Originally posted by rvrr View Post
    Hello..

    I'm moving from Employer A to B. My 4yrs of H1B is completed and have I-140 approved in 2015. Now my new employer B has filed my H1B transfer using already approved 140. As premium process is not available, my h1b transfer is still under process with USCIS. Meanwhile, my Employer A says that he will cancel my 140 as I'm no more working for his company.

    1) Can an employer cancel I-140 which is approved back in 2015?

    2) Cancelling 140 will have any affect on my H1B Transfer, wife H4 EAD extension which is still in process?

    3) If old employer cancels I-140, will USCIS approve H4 EAD??



    Thank you....
    Not possible. He can't cancel after 180 Days of I-140 approval date.

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