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I-140 Withdrwal after 180 days and option to go back to USA

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  • I-140 Withdrwal after 180 days and option to go back to USA

    Hi there - I see this as relevant thread to get some suggestions in my case. I have I-140 approved as of Jan 12 , 2008 (Notice Date) and PD as Dec 22 ,2006. I have come back to India in March 2010 due to family reasons. Since then I am in India working with one MNC. I saw one email that On June 24, 2013, USCIS received petitioner request to withdraw your Form I140, IMMIGRANT PETITION FOR ALIEN WORKER. and Decision has been sent December 8, 2014. I just wanted to check if I want to go back to USA can I use this I140 to get non cap H1B stamp in my passport for same employer OR I can transfer my I 140 to new employer OR there is no scope left for me as this I 140 is withdrawn ? I see some posts as there is criteria of beyond 6 months post I 140 approval any withdrawal doesn't make any impact and its still valid for an beneficiary to avail the benefit for non cap Visa stamping thur US Consulate in India. My last H1B visa has got expired on 31 Dec 2010. Please advise and let me know if you need any further details on my case.

  • #2
    You can reclaim your previous PD despite the withdrawal of the I140. You cannot use it to get a cap exempt H1B, since your last valid H1B status was in 2010.
    Just an opinion; Not legal advice.

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    • #3
      Hi there - Thanks for your reply. I sincerely appreciate it. Please advise me with alternative options to explore traveling back to USA basis this I-140 status if withdrawal is not appproved. New H1B sponsorship seems to be a quite difficult thing looking at current USCIS rules and processing. Thanks.

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