Work VisaDec 2, 2018
OnDeckmax2387

Transfer h1b with i140

So I am switching employers on an approved i140 and since the premium processing is suspended what happens if my current employer revokes my i140 by the time UsCIS sees my application. Will my h1b be denied. Although I doubt they will revoke but still wanted to check

Oracle Perksb Dec 2, 2018

If you stay with current company for 180 days after i140 is approved , they cant revoke your i140

OnDeck max2387 OP Dec 2, 2018

Ohh right. So my i140 was approved on 28th June. So if I switch jobs say on 17th and considering that last 2 weeks of December are dead weeks will I be ok or shud I wait till 28th so stressful

AppDynamics RealB Dec 2, 2018

Wait till 180 days that you will be away from that challenge, again I heard big tech companies don’t spend time on revoking things they don’t have that much time or resources on that, in your case you crossed 180days

Sapient geek007 Dec 2, 2018

Its true my attorney also told me that my company never revoks the i140 but it also depends on manager if you leave company on very very bad terms they can revoke

OnDeck max2387 OP Dec 2, 2018

That way I am lucky coz my manager is super nice and we have great relationship m also it's just one week I feel like the lawyers will take more than that to actually prepare the documents and file for revoking it

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ABCDEH Dec 2, 2018

Technically nobody revokes I140 unless you've really screwed up the relationship

OnDeck max2387 OP Dec 2, 2018

Yeah that's true

OnDeck max2387 OP Dec 2, 2018

Coz I guess it sort of gives u a bad name in front of USCIS

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jbnote Dec 2, 2018

No, i140 will be revoked by the company as you are no longer employed with the same company but you maintain the i140 status. Next company will have to file perm/i140 again and you maintain your priority date as before. If you have a dependent on h4 ead, they will be unaffected during transition if you stay over 180 days. Revoking i140 from previous company is not out of malice but to inform uscis that you are no longer with the company as it has details of you being employed with that particular orga ization

Cisco Wakeup Dec 2, 2018

This is completely wrong. H1 is revoked when u leave a company, not i-140.

OnDeck max2387 OP Dec 2, 2018

Yeah but I have seen employers don't bother doing that. Also I checked with ppl from my company who moved and they confirmed that their i140 was not revoked and it's still approved

LinkedIn goldbug Dec 2, 2018

Why don’t you just wait 180 days to be sure? For June 28 approval you just need to wait until Dec 25 to give 2 week notice.

OnDeck max2387 OP Dec 2, 2018

Yeah I am going to try that and convince my new employer