Legal Question in Immigration Law in Texas

I am on H1B for 11 years now. I worked in 3 companies and all of those companies had filed my PERM application which was approved.

� Company #1 filed my PERM which was approved but I-140 was rejected and it currently pending in a different department.

� Company # 2 filed my PERM which was approved but did not file I-140 application.

� Company # 3 field my PERM and I-140 and both are approved.

The situation is that I was laid off last month by Company # 3 and they have revoked my H1B. The day I got laid off, I filed for H4 and currently my H4 visa is pending. I have the following questions:

Q1. Does revoking H1B mean automatic withdrawal of I-140? Does that mean my approved I-140 has been withdrawn by my company when they revoked the H1B?


Asked on 6/27/14, 9:04 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

No, the company would need to separately request that the I-140 be withdrawn. However, it sounds like your time in the United States might be up, unless the first I-140 appeal is granted.

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Answered on 6/27/14, 9:13 am


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