I140 revoked after 14 months

[Srinivas4477]

Hello,

 

I got my I140 approved in December 2011. Because of some personal reasons, I had to leave to my home country and My employer has revoked I140 recently (14 months after approval).  

 

I am out of USA and working in India for last 18 months. Now I have a new company who wants sponsor H1B and that lawyer asked me to get the I-140 approval copy from the Ex Employer, to be able to file new h1B without falling in quota. My Ex-Employer is not willing to give any copy (even though I paid for it). 

 

My questions(s) are:

 

1)Can my new employer file h1B without Quota based on my approved I140, even when it is revoked( after 180 past approval date)

 

2)Do I have a legal right to seek a copy of 140 approval notice, regardless of the fact whether they keep it or revoked it ?

 

3)Can I get a copy of 140 approval notice from USCIS ?

 

Please help. 

 

 

[Chandan_cr]

Hi

 

I  was in same situation my lawyer mentioned a company can revoke i140 anytime however if its more then 1 month you can keep the PD. Also if your old company is not providing approval notice you can file for copy by filing FOIA request  http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD

 

Goodluck

 

Chandan