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sid82

Moved to India after I-140 got approved - GC consular processing

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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 Within 2 months after I reached India, my H1B was revoked.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

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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 If your I-140 is still approved not withdrawn by your former employer, new employer can file H-1b petition for 3 yr on your behalf.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 If your I-140 is withdrawn, you can still initiate the GC with new employer and your PD could be ported at the time of filing new I-140.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.

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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 If your I-140 is still approved not withdrawn by your former employer, new employer can file H-1b petition for 3 yr on your behalf.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 If your I-140 is withdrawn, you can still initiate the GC with new employer and your PD could be ported at the time of filing new I-140.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

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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.

 

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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.

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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.

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