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H4-ead Possibility After I-140 Withdrawn

Discussion in 'H4 employment authorization' started by naren.g, Aug 16, 2016.

  1. super12

    super12 New Member

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    you may be correct.I have to check with Ron on this.Mine was approved in Dec 2011 and it was withdrawn just yesterday.
    I could only get 1 year extension on my H1 which may be problematic if this new rule doesn't apply to my I140.

    Also my new employer is mentioning that they could only start processing the GC in jan 2018.
     
  2. Santy

    Santy Guru

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    Ok. Please update once your H1 is approved. It will help folks in future.
     
  3. super12

    super12 New Member

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    yes sure long way though.My current H1 transfer happened before the I140 was withdrawn.

    here is what Iam reading from federal register.It is saying 180 days after approval of petition(see the bold text below)

    See final 8 CFR 204.5(e)(2). In contrast, final 8 CFR 205.1(a)(3)(iii)(C) and (D) allow for retention of a petition's approval, despite withdrawal or business termination, but only if such withdrawal or termination occurs 180 days or more after the approval or 180 days or more after the associated application for adjustment of status is filed. Thus, under this rule, the beneficiary of a Form I-140 petition may be able to retain his or her priority date even if approval of the petition is revoked due to withdrawal or business termination.
     
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  4. New Guy

    New Guy Senior Member

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    As long as it was not withdrawn before Jan, you are good... Approval date doesn't matter...
     
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  5. super12

    super12 New Member

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    Thanks.Its just withdrawn last friday.So I think Iam good.
     
  6. super12

    super12 New Member

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    I have checked with couple of AILA lawyers today who offer consultation services on lawbench.com,both of them said that as long as the I140 is withdrawn after Jan 17,17 and it had been active for more than 180 days,I can extend the H1B for as many number of times before the priority date becomes current.

    Also both lawyers said that my wife's H4 EAD will be valid until its expiry date and infact one lawyer said she can extend her H4 EAD again after this rule came into picture since her H4 is dependent on my H1 extension.

    Just documenting it here for any one that may face the same situation as me.
     
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