H1-B status after I-140 is revoked

[sehgal_mukesh]

Hi there,
I am currently working for a company on H1. My 6 years of H1 are over and got the 3 year extension on I-140 basis. I want to switch the company but my company has informed me that if I switch to new company, they will revoke my I-140.
Q's:
What impact this could have on my H1?
USCIS will revoke my H1 as well (as current H1 is because of I-140)?
What options do I have here?

Thanks!

[shervin143]

When your H1B transfer is in progress, your current I-140 should remain active because the extension/transfer beyond the 6th year based on that I-140. You will need a copy of your I140 approval notice for a successful transfer. Once the petition is transferred (with 3 year validity), you can join the new employer. If the current employer revokes your I-140 at that time, it will not cause any issues. However, the new employer will need to restart the GC process in order for you to get further extensions (PERM should be filed 365 days prior to the I-94 expiry date). The priority date from the previous labor can be recaptured for filing form I-485.

[sehgal_mukesh]

When your H1B transfer is in progress, your current I-140 should remain active because the extension/transfer beyond the 6th year based on that I-140. You will need a copy of your I140 approval notice for a successful transfer. Once the petition is transferred (with 3 year validity), you can join the new employer. If the current employer revokes your I-140 at that time, it will not cause any issues. However, the new employer will need to restart the GC process in order for you to get further extensions (PERM should be filed 365 days prior to the I-94 expiry date). The priority date from the previous labor can be recaptured for filing form I-485.

Thanks a lot for the quick response Shervin.
Yes, I do have a soft copy of my I-140 (I suppose that will do) which my company gave it to me a while back. Do I need the original as well? I highly doubt that company will hand me over the original I-140 approval notice.

[shervin143]

Copy of I-140 will do.

Thanks a lot for the quick response Shervin.
Yes, I do have a soft copy of my I-140 (I suppose that will do) which my company gave it to me a while back. Do I need the original as well? I highly doubt that company will hand me over the original I-140 approval notice.