sub0 0 Report post Posted November 14, 2019 (edited) Got I-140 approved from Employer- C and stayed with the employer for 1.5 years after it was approved (i.e. obviously lot more than 180 days). Switched to employer-B by doing an H1-B transfer on the basis of the approved I-140 from employer-C. 1 month into joining employer-B, employer-A sent a withdrawal notice to USCIS for the I-140. The current status in USCIS shows that it sent the withdrawal approval notice to employer-B. All going well, but 1-year working with employer-B (did not start I-140 process with employer-B), impacted by lay-off, gets 2 months paid notice to study and get another job. Got an offer from employer-A and started the H1-B transfer process (Premium Processing) on the basis of the I-140 received from employer-C. However, receive an RFE from USCIS regarding whether the beneficiary is qualified to work beyond the 6th year limit. Lawyer says USCIS is saying the I-140 was withdrawn. That, in fact, is the case- but my understanding was- after 180 days, even if the employer withdraws the I-140, the beneficiary can still continue utilizing the I-140 for future H1-B transfers. What's going on here? Is it just a mistake/ oversight that they sent an RFE? https://www.murthy.com/2016/01/27/priority-date-retention-i-140-revocation-protections-proposed-regulation/ 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. Edited November 14, 2019 by sub0 sentence construct corrected again Share this post Link to post
User099 0 Report post Posted November 14, 2019 Interesting. Looks like a mistake by USCIS or by attorney. Did you ask the attorney the same question? what did they say? Share this post Link to post
sub0 0 Report post Posted November 16, 2019 The attorney said that it might be an oversight on part of the USCIS. Share this post Link to post
User099 0 Report post Posted November 18, 2019 Good. Hopefully just sending USCIS a copy of I140 and a letter explaining that its been approved for over 180 days will be sufficient. Share this post Link to post
Kapildev22 0 Report post Posted May 14, 2020 I am in the same boat now. Would you please let me know what happened to your case ? Share this post Link to post
vjaw 0 Report post Posted July 4, 2020 My case is similar to yours as well. I received RFE on my H1B extension beyond 6 years with a withdrawn I-140. Do you guys mind sharing what happened to your case? Thanks for your time. Share this post Link to post
vjaw 0 Report post Posted July 28, 2020 Update - My case got approved. On 7/3/2020 at 5:18 PM, vjaw said: My case is similar to yours as well. I received RFE on my H1B extension beyond 6 years with a withdrawn I-140. Do you guys mind sharing what happened to your case? Thanks for your time. Share this post Link to post
User099 0 Report post Posted July 30, 2020 On 7/28/2020 at 2:09 PM, vjaw said: Update - My case got approved. Cool, Congrats. Share this post Link to post