Previous employer I-140 withdrawal after 180 days of approval

[priyasagiraju]

Hi,

Reaching out in this forum if anyone was in the same situation as i am .

I have an 1-140 approved on Jan 15 ,2017 and has been active for more than 180 days from my previous employer . My current employer just started processing green card and could take at-least a year to get my I-140 applied and approved .
My previous employer wants to withdraw my approved I-140 as I am not his payroll anymore. I did find this section in forum that says even if my employer withdraws ,USCIS will not revoke as it is past 180 days .
Was anyone in the same situation able to use previous PD for current filing even after withdrawal . Are there any invisible clauses in this statement.

“After 180 Days, Withdrawal of I-140 by Petitioner Would No Longer Lead to Revocation
Under another provision in the proposed regulation, once an I-140 has been approved for 180 days or more, it could only be revoked by the USCIS based on error, fraud, or misrepresentation, or upon revocation or invalidation of the corresponding labor certification. This means that, if a petitioner were to withdraw an I-140 180 days after its approval, this would not cause the USCIS to revoke the I-140. Such withdrawals are quite common in situations in which the I-140 beneficiary has moved to a new employer.”



Thank you all in advance for taking time to read and help me with this situation .

[sasvi]

Hi,

Reaching out in this forum if anyone was in the same situation as i am .

I have an 1-140 approved on Jan 15 ,2017 and has been active for more than 180 days from my previous employer . My current employer just started processing green card and could take at-least a year to get my I-140 applied and approved .
My previous employer wants to withdraw my approved I-140 as I am not his payroll anymore. I did find this section in forum that says even if my employer withdraws ,USCIS will not revoke as it is past 180 days .
Was anyone in the same situation able to use previous PD for current filing even after withdrawal . Are there any invisible clauses in this statement.

“After 180 Days, Withdrawal of I-140 by Petitioner Would No Longer Lead to Revocation
Under another provision in the proposed regulation, once an I-140 has been approved for 180 days or more, it could only be revoked by the USCIS based on error, fraud, or misrepresentation, or upon revocation or invalidation of the corresponding labor certification. This means that, if a petitioner were to withdraw an I-140 180 days after its approval, this would not cause the USCIS to revoke the I-140. Such withdrawals are quite common in situations in which the I-140 beneficiary has moved to a new employer.”


Thank you all in advance for taking time to read and help me with this situation .

Go to USCIC and survey about AC21. There are a lot of gray areas there.

[abhijith9999]

Go to USCIC and survey about AC21. There are a lot of gray areas there.

Hi My current situation is I have my 140 approved for more than 180 days and renewed my visa based on 140 received h1b extension for 3 years until 2020 May.
My 6 years h1 will be done by oct 2017.
I have recently applied for h1b transfer and received h1b upto 2018 june for a perioed of 1 year.
My questions:
1. Can I use my previous employer 140 to extend beyond june 2018 or does the new employer need to get Labor and 140 filed before june 2018 which I don't think they would do before 1 year of employment.
2. I haven't joined new employer can I continue working for my previous employer.
3. My wife got my H4 EAD approved after the h1b transfer is approved, it is valid upto 2020 MAY based on my previous employer petition. I do not understand how come USCIS approve based on my previous employer petition after my h1b transfer is approved. I am in a dilemma what would happen to my wife H4EAD if I choose to change to new employer, would it be valid.
Please respond this is a urgent situation, I need to make a decisson ASAP.
Thank you