I have been in H1B status for more than six years. Can I transfer to a new employer based on a revoked I -140?

Answer

In order to be eligible for additional H1B time beyond the six years, the I-140 must stay in place (unrevoked). If the I-140 has been revoked, it may be possible to obtain an H1B approval for the amount of time remaining on the existing petition, but it is not a certainty that it will work. You should schedule a consultation with an attorney to discuss this possibility and/or what other options may be available to you. (18.May.2015)

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