H1B extension for new employer, with approved I-140

I am on my 7th year of H1. I have approved I140, but employer will not give approval copy of receipt copy of 140. I just have the receipt number for 140. Is the receipt number sufficient for the new employer for filing extension? Once my new H1 gets approved, and I submit my resignation, what if current employer revokes 140? My 485 is still not filed. What will be the consequences for that?

Vista, CA -

Attorney Answers (3)

Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
Answered

No, am afraid case receipt number alone is not enough. The actual I-140 approval notice on Form I-797 must be attached to the the new H-1B petition. You will then get an approval for 3 more years (if your new H-1b will be deemed approvable on its merits.

If current employer will end up revoking the I-140 you'll have nothing to worry about, as long as your new EMPLOYER'S H-1B petition goes through and is quickly approved, which will give you 3 more H-1B years. The fact that the I-140 will later be revoked wont change that. You will then have the new employer file a new PERM on your behalf and can claim the first PERM's priority date .

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Immigration Attorney - San Francisco, CA
Answered

I agree with my colleague

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
Christian Schmidt

Christian Schmidt

Immigration Attorney - San Francisco, CA
Answered

You need the I-140 approval notice. The new employer must start green card process all over if prior employer withdraws I-140 but you will be able to recapture your former priority date.

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