Employer Withdrawn Approved I140 within 6 months

[FreeMani]

Hi Team,

I am with employer A and recently moved back to offshore due to H1B max-out and currently in offshore. Couple weeks back my I140 got approved. I have now resigned last week and currently serving 2 months notice period. Most likely my current employer A will withdraw I140 within 60 days after termination of my employment. My question is: Would my new employer B be able to file my H1B under Cap exempt (Given employer A will withdraw my approved I140)? 

Regards

FreeMani

[xTDx]

On 4/23/2019 at 12:22 PM, FreeMani said:

Hi Team,

I am with employer A and recently moved back to offshore due to H1B max-out and currently in offshore. Couple weeks back my I140 got approved. I have now resigned last week and currently serving 2 months notice period. Most likely my current employer A will withdraw I140 within 60 days after termination of my employment. My question is: Would my new employer B be able to file my H1B under Cap exempt (Given employer A will withdraw my approved I140)? 

Regards

FreeMani

Not if A withdraws the petition before 6 months after approval. One strategy is to work with A to request them to not to withdraw it until you successfully change employers using approved i140 (or ever withdraw it). Most legit and top renowned  employers don't withdraw i140 out of courtesy because it serves them no purpose. This might be a futile attempt.

[FreeMani]

Thanks for your reply. I checked the policy of employer A. It states:

Please note that it is A's policy to withdraw all employer petitions. This includes I-140 from USCIS within 60 days of employment termination.

So now my couple questions are:

#1. With approx. 3 months in hand, can something be done to ensure one makes right use of approved I-140 before its withdrawn by employer A?  

#2. Is withdrawn I-140 (before 180 days of approval) of any use for the future H1B or Green card applications?

 

Regards

FreeMani

[FreeMani]

any answer to my above question?

[pontevecchio]

You can retain the PD for a subsequent filing. Companies which file many I-140,s like to revoke existing I-140,s to get a handle on the numbers.

[FreeMani]

Thanks Pontevecchio. Glad to know that PD can be retained for future filing by another employer.

What about the ability to file an extension (beyond 6 years) by another employer based on my withdrawn I-140? (remember my I-140 is going to be withdrawn way before is passes 180 days mark post approval )

Thank you

FreeMani

[pontevecchio]

That ability will go if the I-140 is withdrawn before 180 days.

[FreeMani]

Thanks Pontevecchio. Glad to know that PD can be retained for future filing by another employer, even if I-140 is withdrawn before 180 days. However when you say cap exemption ability will go if I-140 is withdrawn before 180 days. Do you literally mean withdrawn or revoke by employer or doesn't matter? I am asking because my employer will 'withdraw' my I-140 (before 180 days). Would USCIS 'Revoke' I-140 if my employer withdraw before 180 days? Basically all i want to understand the difference between 'Withdrawn' and 'Revoke'?

Many Thanks

FreeMani

[FreeMani]

Just a gentle reminder.. thank you!