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Immigration Issues/Can I-140 approval be revoked by employer?

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Question
Hi, I have approved I140 and want to use it for 3 yr extension with new employer. I am concerned if my approved I140 is revoked by my previous employer, Can I use that for getting 3 yr extension of my H1b status?? FYI - I have not yet filed I485.

Is it all possible for an employer to revoke an approved I140 petition?

Please let me know your inputs.

Answer
Hi,

An employer can revoke its I-140 petition anytime. Hopefully your new employer will be able to file its H1B petition (preferably through premium processing) so that it is approved for a 3 year extension of H1B status before the I-140 petition is revoked by the original employer.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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