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sub0

H1B Visa transfer with withdrawn I-140 from previous employer got RFE!

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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 Lawyer says USCIS is saying the I-140 was withdrawn.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 by sub0
sentence construct corrected again

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Interesting. Looks like a mistake by USCIS or by attorney. Did you ask the attorney the same question? what did they say?

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Good. Hopefully just sending USCIS a copy of I140 and a letter explaining that its been approved for over 180 days will be sufficient. 

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