I-140 Withdraw after 180 days

[NewH1BUSR]

Hi,

I have approved I-140 from my previous employer (Approved on Feb 2017) and I left the company during May 2017 to accept new offer. Just a day back (17th Dec 2018) I received an update from USCIS that my ex-employer has filled a withdrawal petition for my I-140 and its been processed successfully. Since my new employer didnt start the GC processing, I am much worried about this withdrawal now. Can you please answer the following questions?

1. Since I didnt stay with them for six months after my 140 approval, will there a be problem in future? and is it mandatory to have six month pay slips with the same employer?

2. Also they have filled the withdrawal petition after one year, so is my I-140 valid or not? Many online forum says, its valid for extension, please confirm.

3. Can my new employer use the same I-140 approval for my next H1B extension? If so will USCIS check the I-140 status and ask any questions?

4. How/Where I can confirm my I-140 status? because USCIS site shows ' Withdrawal Acknowledgement Notice Was Sent' status as of now.

Any help will be really appreciated !!!

[care_candidate]

You need to hire an attorney without delay.

[Ana_Jos]

@h1busrdid you get any resolution on your case. Can you share your experience as I am also in same kind of situation. Thanks

[Attorney_15]

Generally, if an I-140 petitioner sends a withdrawal of the approval more than 180 days after the approval date, the petition can still be used for some things like H1B extensions of priority date transfers. One may be able to find out by call USCIS. However, such information should be available by filing a Freedom of Information Act request to USCIS.