I140 Status updated to "Case Was Automatically Revoked" 3 months after job change. Was with the employer 3 years after I140 approval

USA
, , ,
1

I received this notification via email today so need to get mail copy for further details.

My Priority date is March 2019 and I was with the employer until May 2022. At the time of I140 approval I was out of the country and came back to US only in Oct 2021 and stayed with them till May 2022.

Earlier last month I received a notification from USCIS for my H1B(I129) petition from my old employer with the status changed to " Correspondence Was Received And USCIS Is Reviewing It" and today my I140 status changed to “Case Was Automatically Revoked”.

I thought USCIS will not revoke the I140 after spending 180 days with the employer.

Does the revocation mean - Did I lose the Priority date?
Can I use the I140 for H1B renewal and H4EAD?
My H1B with new employer is valid till Apr 2025 and My employer will start the Perm Process in DEC. My worry is losing the priority date?
Can anything be done here?

2

You generally do not lose the PD unless USCIS revokes i140 for misrepresentation or fraud.

In this case, it seems employer withdrew it.

3

Thanks Anil for the response. I also thought that it could be because of employer withdrawing the I140. I am waiting for the notice to arrive to understand the reason.

Because of the Status I got panicked as it says revoked and losing Priority date is worst thing in this situation.

If it is the case of Employer withdrawing the I140, Can I port the priority date? (I think yes, just confirming)

1 Like