Can employer revoke I-140 and H1B without telling me?

[venkatdabri]

I am right now looking out for a new job and I am in my 6th year of H1B and my I-140 has been approved. I am worried if my employer finds out they may withdraw the I-140 and cancel my H1B without my knowledge before firing me. Since I am in my 6th year, and have no valid I-140 I will not be able to extend my H1B with any employer and will be forced to leave USA? Is this a real risk? Can my employer cancel my H1B and I-140 without telling me and thereby giving me no chance to change employers in my 6th year? What can I do in such a situation

[shervin143]

Well that is possible. Both H1B petition and I-140 are employer's petition and they can sure revoke it if they desire. If they revoke your H1B petition, then they will need to pay for your flight back home. Extension (Transfer) beyond the 6th year is not possible without a valid I-140.

I am right now looking out for a new job and I am in my 6th year of H1B and my I-140 has been approved. I am worried if my employer finds out they may withdraw the I-140 and cancel my H1B without my knowledge before firing me. Since I am in my 6th year, and have no valid I-140 I will not be able to extend my H1B with any employer and will be forced to leave USA? Is this a real risk? Can my employer cancel my H1B and I-140 without telling me and thereby giving me no chance to change employers in my 6th year? What can I do in such a situation

[venkatdabri]

Now the question is can they legally do this without informing me??

[shervin143]

Yes. But as per H1B is concern, they cannot employ you and pay you once the H1B is revoked. That would make your employment illegal and it is a trouble for them for illegally employing a foreign worker without proper work authorization. So of course you will come to know when they have send the notification to revoke your H1B.

Now the question is can they legally do this without informing me??

[venkatdabri]

So technically it is possible for them to revoke my I-140 wait 3-4 months to completely wait for the process to go through without telling me and then fire me and revoke my H1B where I can't go to a different employer because I have no I-140 on file. Would I be able to use my labor certification to get a one year extension then or can that also be revoked?

[shervin143]

You need the I-140 approval to switch employer after completing 6 years in the H1B CAP. Without proper trust, the employment itself is a joke. If you don't trust your employer and it is time to find a different employer to whom you can transfer your H1B.

So technically it is possible for them to revoke my I-140 wait 3-4 months to completely wait for the process to go through without telling me and then fire me and revoke my H1B where I can't go to a different employer because I have no I-140 on file. Would I be able to use my labor certification to get a one year extension then or can that also be revoked?