H1b transfer to new employer and old employer's I-140 - connection

[whoami191]

hi,

i worked for Emp-A on H1 for 5.5 years, had filed for GC and got I-140 approved. Now I have joined Emp-B, used Emp-A's I-140 for H1 transfer and got approved for 3 years.

1. Now if Emp-A cancels I-140 does it effect my approved H1 with Emp-B. Is there any connection between the two now?
2. Since I have completed 5.5 years on H1, do I need to start my GC processing and get labor/i-140 approved to go past 6 year limit or am I fine since i have used i-140 and got h1 transfer approved for 3 years.

If fine then I guess I can start GC later and get i-140 approved before the next extension 3 years down the line.

Please help me understand the connection between I-140 through Emp-A and approved H1 through Emp-B using Emp-A's I140.

[burlyboy]

I was in the exact same situation before. I transferred to company B based on the old company's i-140 and got 3 years extension. I also went for H1B visa stamping on new employer's H1b and got approved in secs. I know that my old employer revoked my i-140 but my understanding is that there is no bearing of that on your new H1B. The only issue would have been if your i-140 had been revoked by USCIS on fraud charges.

So you just need to restart your labor and i-140 with your new employer and get to retain the old PD.

I am not an expert so I would recommend you check with your company's attorney

[whoami191]

Thanks Burlyboy for the reply...can we retain the PD when we start the new GC processing from labor, even when the old employer cancels I-140? What do we need to provide to USCIS to have the PD retained?

[shervin143]

can we retain the PD when we start the new GC processing from labor, even when the old employer cancels I-140?
>>> Yes.

What do we need to provide to USCIS to have the PD retained?
>>> Copy of approved form I-140.