H1 transfer RFE on old i140

[nanuvamsi]

Hi,

I have been working with my previous employer A past 7 years and got my i140 approved in 2015, So now I am moving to employer B and filed my H1 transfer recently.
And I got a RFE saying my previous employer A's petition is revoked and my 6th year is nearing. Not sure how to answer the RFE because as per the new rule my previous i140 cannot be revoked if I work more then 180days after my approval( I searched  on employer A I-140 case number, and message says "Withdrawal Acknowledgement Notice Was Sent....")
 

My questions here :
- How can I proceed and answer the RFE, what will be the options?

- My wife is on H4 EAD, can she still work on old petition based EAD which expires 2020?

Any help is greatly appreciated.

Thanks in Advance.

[SambaShiva]

Do you know when your I-140 was withdrawn?

If you create an account on USCIS and add your I-140 number, you may be able to see the history of that case. 

[nanuvamsi]

I checked using my old i140 number, it was revoked most recently:

On October 3, 2017, we received your request to withdraw your Form I-140

[SambaShiva]

I think you should be fine, Ask your attorney to highlight the new I-140 rule
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.

 

[nanuvamsi]

Thanks a lot @samba1978 I will update my attorney on this.

[rohroh]

@nanuvamsi  

On 11/27/2017 at 4:04 PM, nanuvamsi said:

Thanks a lot @samba1978 I will update my attorney on this.

1) Hope your RFE got cleared. Wanted to know if USCIS accepted your argument.

2) Initially, when you did H1b transfer, did you have your I-140 approval notice copy with you ? 

This information from you will really help. Thank you.

[Rahulvrk04]

Hi Vamsi, 

Were you able to port the Priority Date after your i140 got revoked ? What happened with your wife H4 EAD ? 

 

Thanks