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I have been doing some googling on employer change after i-140 approval. I am ending up with some questions on the impacts of i-140 revocation and i-140 withdrawal. I thought i could get my questions answered here.
My Situation:
I am currently on H1B and completed almost 5 Yrs now on H1B. My I-140 is approved in Jan-2017, and it has not been 180 days in active status.
I have an option of changing to a new employer with better benefits. Since i have almost completed 5 Yrs of my 6 Yrs H1B and also the new PERM and i-140 would take considerable amount of time, i have questions below.
Now below are my doubts,
1. Is the rule that i-140 will be active (old employer cannot revoke) after 180 days with old employer been passed?
2. What is the difference of i-140 revocation and i-140 withdrawal and their implications
i-140 revocation
If my i-140 is revoked,
2.1. Will i be able to use it for my unlimited H1B extensions?
2.2. Say, the new PERM and i-140 process takes more than an Year during which my H1B duration of 6Yrs is maxed out. Should i leave for my home country?
i-140 withdrawal
If my i-140 is withdrawn, [Assuming I stick with my old employer for 180 days of i-140]
2.3. Will i be able to use it for my unlimited H1B extensions?
2.4. Say, the new PERM and i-140 process takes more than an Year during which my H1B duration of 6Yrs is maxed out. Should i leave for my home country?
My Situation:
I am currently on H1B and completed almost 5 Yrs now on H1B. My I-140 is approved in Jan-2017, and it has not been 180 days in active status.
I have an option of changing to a new employer with better benefits. Since i have almost completed 5 Yrs of my 6 Yrs H1B and also the new PERM and i-140 would take considerable amount of time, i have questions below.
Now below are my doubts,
1. Is the rule that i-140 will be active (old employer cannot revoke) after 180 days with old employer been passed?
2. What is the difference of i-140 revocation and i-140 withdrawal and their implications
i-140 revocation
If my i-140 is revoked,
2.1. Will i be able to use it for my unlimited H1B extensions?
2.2. Say, the new PERM and i-140 process takes more than an Year during which my H1B duration of 6Yrs is maxed out. Should i leave for my home country?
i-140 withdrawal
If my i-140 is withdrawn, [Assuming I stick with my old employer for 180 days of i-140]
2.3. Will i be able to use it for my unlimited H1B extensions?
2.4. Say, the new PERM and i-140 process takes more than an Year during which my H1B duration of 6Yrs is maxed out. Should i leave for my home country?
