H4 ead extension with withdrawn i-140 (successful approval experience)

Hello

I know this a recurring topic but wanted to share my success story for h4ead with a withdrawn I-140(after more than 180 days after approval). I have seen many posts from applicants whose ead has been rejected due to not having a valid active approved i-140.

If your I-140 from your ex employer has been withdrawn after 180 days and you didn’t initiate your green card process with your new employer, it’s not going to be a problem for ead extension because your withdrawal 140 still is in approved status unless revoked due to fraud or miss interpretation.

Request your ex employer to give you a copy of the 140 withdrawal acknowledgement sent by uscis. I have gotten my copy and it explicitly states that it’s approved even though the status shown withdrawn. If your employer refuses to provide it, you can open a foia request with uscis . It takes 3-4 weeks to receive it.

Hopes this helps anyone who is Facing this issue with rfes?

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Thanks a lot @rajiv460 for sharing your experience. We appreciate it.

Hi @rajiv460

Did you also use FOIA to get withdrawal acknowledgment?

Yes I did. My employer couldn’t find it so I had to open an foia request

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Could you please share what information you provided in FOIA request?

Requested the i140 withdrawal acknowledgement that was sent to my ex employer.

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Hi Rajiv,

Is the I140 receipt number enough to request for the withdrawal acknowledgment notice thru FOIA? Or do we need to get the receipt number for the withdrawal petition filed by employer. What record type did you select in the foia request -I140 or Other ?

Thanks

Receipt number is enough.
I dont think there is a receipt number for withdrawal. They use the same receipt for withdrawl as well.

Here is the except from my I-140 withdrawal notice.

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Hi Anil,

I got an RFE for my wife’s H4 EAD standalone filing asking proof for Basis for Work Authorization. It says my I-140 has been withdrawn, therefore provide evidence to establish your eligibility for EAD c26 category. I had my I-140 approval withdrawn by my prior employer after 180 days of approval. I followed what Rajiv460 has done in his case and obtained the I-140 Withdrawal acknowledgement from prior employer and submitted that along with the EAD application to avoid this RFE situation, but unfortunately the RFE was on the same matter. My current employer has just started my GC process and it is in the Prevailing Wage request stage and a long way to go.

The RFE notice is asking for the below -
Basis of work authorization - (A) H1B Nonimmigrant is the principal beneficiary of an Approved I-140 OR (B) H1B Nonimmigrant received extensions under sections 106(a) and (b)

What do you think are my options here as I don’t have any new proofs to show other than the same documents that I had already submitted. Does providing proofs of my latest I797 approval with current employer based on the same I140 help? Please let me know your thoughts.

Thanks
Anoop


Its better to consult an attorney and then frame the response as I am not sure what additional documentation USCIS is looking for.

In some cases, they approve it if you resend the same documents with a cover letter explaining the situation.

You can take am22tech’s attorney RFE service if you want.

Check with you attorney. You can send a copy of your withdrawl notice whre it explicitely says the petition remains approved. Also let your attorney know its under section 8 CFR Sction 205.1 (a)(3)(iii)(C).

these should be enough for them to get your application approved.

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Thank you Anil & Rajiv !

I will try resending the same docs and with a covering letter explaining the situation and citing the CFR section. Hope it helps, if not I may have to appeal it later.

Hi Anoop,

I was following this thread . we also received the same RFE. We need to respond . can you please help share your experience what all details did you share and the application status

Thanks
Santosh

My response to RFE worked ! EAD got approved on 11/4.

Prepare a covering letter detailing out the documents that you are providing to support your case.
I cited the relevant CFR sections as mentioned above and submitted the copy of withdrawal letter again and highlighted that portion using a marker so that they could easily see it. Also submitted copies of I140 797A that I got thru FOIA earlier. Provided copies of current H1b i797A & my passport & visa pages too.

Thank you Anil & Rajiv for your thoughts on this !

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