I40 withdrawn by employer after 180 days

USA
1

I had I140 approved from my previous employer A and priority date was Sep 2016. Later i moved to new company B on September 2017 (completed 360 days with him after I140 approval)

Later in Feb 2018 i applied for my wife’s H4EAD . I got RFE saying i have submitted the revoked I140 and the revoked date was Feb 4th 2018.
I called my employer and asked him about this ,he told he just applied for withdrawal of I140 and it can’t be revoked by USCIS.
Later i sent him the RFE document of my wife’s H4EAD ,then he told it is clearly mistake from USCIS side.
can you please guide me what i can do at this stage . My 6 years of H1b ends in July 2020. My new employer has not yet started GC process and they told they will do .
can i take the help of any attorney and get the status of my I140 revoked to Withdrawal again ?
if its possible then my priority date will be the retained and i can use the I140 to file H1b Extensions right ?

2

You should talk to an attorney and see if there is an option available. I am not aware of any such option though at this time.

You should ask your current employer to immediately start the GC process to have a new i140 approved before your H1B 6 year completion.

1 Like
3

Thank you so much for the response . Yes my employer is initiating the process. just wanted to ensure if it is possible before going to the attorney but anyway will look out for a good attorney and contact them.

4

Even if it is possible to get the USCIS decision changed, it will certainly take at-least 5-12 months keeping in mind their processing speeds.

So, it is better that you start your process in parallel.

1 Like
5

ok thank you will do that

6

Hi @manju1985

Can you share as to what action you took and were you able to use your revoked i140?

Did you find the reason of i140 revocation?

7

Hey Manju

Could you please let me know were you able to use your revoked i140 to extend after 6 year and able to get the priority date. I need your help . I am right now in same scenario.

Thanks
Anand027

8

Yes I was able to use the old i140 without any issues

9

Thank you so much Manju. But what happened to your H4EAD RFE .my current employer said he will not file my GC now it will take time to process . I am in my last year of 6 year cap.

10

It got denied as my employer had revoked the i140 petition. For h4ead active i140 should be there.

11

Thank you very much @manju1985

12

Hi Manju, how you were able to use revoked I140 from previous employer ? Was it revoked or was it withdrawn ?

And what about EAD? Was is not approved becuase your 140 was revoked ? If it was in withdrawn status your EAD could have been approved right ?