Can withdrawn i140 be reinstated again to apply extension with same employer?

Hello Experts , question regarding i140 withdrawal.

My friend joined from company A to B by H1 transfer , he had i140 approved with company A , he maxed out in 2016.

After 6 month he decided to join back company A , company A did H1 B transfer and it was approved (based on i140 , probably the i140withdrawal was in process as well).

Approval was for 1.5 year and he has i797 /i94 until Dec 2020. Now company A is saying they can not get extension on H1b again based on i140 , either they need to start new perm or submit application for reinstating i140.

New perm filing wont start until Jul 2020 which is going to really close as he needs i140 as well by Dec 2020 assuming no audit , in order to file H1B extension in Dec 2020.

The reason employer A is giving is as they are the one who requested for withdrawal of i140 hence they cant use to get extension further,if i140 was with other employer they could have use it .

  1. is the above reason true ?
  2. any article / process for reinstating i140 ? Per employer it will take approx 15 months to get the reinstatement application approved . employer A will use old perm and file new i140 ? I thought Perm validity is 6 month only . Also there is not much information available around reinstatement process / application form etc .

As per my information, the employer is right.

What status do you see on USCIS case status website for your i140 case? Is it revoked?

If the i140 has been withdrawn, then a new i140 is needed. Reinstatement request will probably take longer than a new i140.

The old PERM approval can be used to file a new i140 under the AC21 portability rules if an i140 was filed and approved for that PERM.

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