
Originally Posted by
gtyagi
Hi Q,
Thanks for your response. The situation is little different. I have no i485 filed so no AC21. Here are details:
I left company A in 2010 and joined B. This was my 4th year of H1B and I got transfer to B. Company B filed extension in 2012 and again in 2013 and I got visa approved till 2016. Company B also applied for I-140 which got denied recently. So, I thought I would transfer my visa to company C. Company C filed for transfer and got RFE. It says, Company A revoked I-140 in 2010 itself. This is still a mystery as how they gave me extension twice based on revoked I-140. But the question is, can I have transfer approved till the current expiry date of 2016? I am hoping I am eligible for transfer NOT extension as I-140 is revoked.
Now, some people may argue that the current extension is not valid as the I-140 was revoked before the extension but I have the extension and nothing can change it. The question is is it transferable.
The other option is to file for I-140 and PERM again with he current employer but I really don't want to do that based on the history of filing process etc.
Your input is greatly appreciated. 2013 has been very bad year with I-140 denial when PD from old one current.(PD EB2 April 2009). And now 2014 comes with bad news. I am puzzled.
Thanks