In a 6th year of H1B, if the employer revokes an approved I-140 (EB3), can the employee transfer to a different employer using the revoked I-140?

Answer

If the I-140 has been revoked upon request of the employer, it is not available for purposes of requesting H1B time beyond the six-year limit. The I-140 must still be “in place” in order to get that benefit. (16.Jun.2014)

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