sid82 Posted October 16, 2014 Report Share Posted October 16, 2014 Hello Friends, I was working full time with a big firm in southern California between 2010 and 2013. My employer initiated GC processing in 2012. My PD is March 2012. I decided to move to India for personal reasons and had to resign the company. I-140 was approved much before I resigned the company. Within 2 months after I reached India, my H1B was revoked. I checked the I-140 status on USCIS website and the status is the same as it was when it was approved. Can I assume that my I-140 wasn't revoked by the company? I have been thinking of contacting a small time consulting firm if they can initiate GC process as future employer. Can the new firm port my PD even if I-140 is revoked my earlier firm? I am not in possession of the I-140 approval copy. How do I proceed from here? If the new firm wants to initiate H1B extension, do I fall under annual quota? If not, then for how long I will get the extension for , 3 years? I filed a FOIA request earlier to retrieve my I-140, but quite strangely I was asked to route my request to the National Visa Center located in Washington DC. No luck there. Please lend me your thoughts. Thanks, Sid Link to comment
itsmeusa Posted October 17, 2014 Report Share Posted October 17, 2014 1. If your I-140 is still approved not withdrawn by your former employer, new employer can file H-1b petition for 3 yr on your behalf. 2. If your I-140 is withdrawn, you can still initiate the GC with new employer and your PD could be ported at the time of filing new I-140. 3. Your I-140 (with old employer) must have been filed as a consular processing, in that case, filing FOIA with USCIS might not help. Once I-140 is approved under consular processing, USCIS sends the case file to NVC. That's may the reason why you were asked to contact NVC. Link to comment
sid82 Posted October 17, 2014 Author Report Share Posted October 17, 2014 1. If your I-140 is still approved not withdrawn by your former employer, new employer can file H-1b petition for 3 yr on your behalf. 2. If your I-140 is withdrawn, you can still initiate the GC with new employer and your PD could be ported at the time of filing new I-140. 3. Your I-140 (with old employer) must have been filed as a consular processing, in that case, filing FOIA with USCIS might not help. Once I-140 is approved under consular processing, USCIS sends the case file to NVC. That's may the reason why you were asked to contact NVC. Thanks mate. I need some clarity on #2. If my employer has withdrawn I-140, can't my new employer file a fresh H1B petition (non-quota)? On #3, I am pretty sure my old employer did not take the consular processing route. I suspect I might have routed my FOIA request to the wrong department. I was browsing through the FOIA website and found the following address. I might try my luck again with the new address. Office of Information Programs and Services A/GIS/IPS U.S. Department of State, SA-2 Washington, DC 20522-8100 Cheers, Sid Link to comment
itsmeusa Posted October 17, 2014 Report Share Posted October 17, 2014 When the I-140 is withdrawn, unless you have a PERM pending for more than 365 days OR have another I-140 approved, you don't have a basis to file H-1b cap exempt petition. Ok, for FOIA, guess you didn't follow correct way. Here is the link on FOIA (USCIS) http://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act You can simply send an email to uscis.foia@uscis.dhs.gov with the details or fill up G-639 and send it to this email. You would get I-140 package within 6/8 weeks. Link to comment
pontevecchio Posted October 17, 2014 Report Share Posted October 17, 2014 Why not offer your services to the I-140 sponsor? Call them. I-140 details are not easily available even if you file a FOIA and most people who get the details were lucky. Link to comment
winner21 Posted October 29, 2014 Report Share Posted October 29, 2014 When the I-140 is withdrawn, unless you have a PERM pending for more than 365 days OR have another I-140 approved, you don't have a basis to file H-1b cap exempt petition. Ok, for FOIA, guess you didn't follow correct way. Here is the link on FOIA (USCIS) http://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act You can simply send an email to uscis.foia@uscis.dhs.gov with the details or fill up G-639 and send it to this email. You would get I-140 package within 6/8 weeks. I don't agree with this response because once someone has received an h1b in USA and have NOT completed their 6 years of stay in US, then they are NEVER counted under the standard quota. Link to comment
pontevecchio Posted October 30, 2014 Report Share Posted October 30, 2014 First get a 3 year H1 petition approved and come over. Then deal with the other issues. Link to comment
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