1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

I140 Withdrawn By Previous Employer

Discussion in 'I-140 petitions' started by super12, Jun 2, 2017.

  1. super12

    super12 New Member

    Messages:
    15
    Likes Received:
    3
    Trophy Points:
    3
    Hi Ron,I came to know today that my PREVIOUS employer withdrew my I140 application after I have changed to a new employer. I have 2 questions below

    1) My new H1B PETITION with the new employer is valid until april 2018,Will I still be able to extend H1B beyond 04/2018 as my withdrawn I140 was approved 5 years and it had been withdrawn just today

    2) My wife works on H4-EAD and she had the EAD valid until 04/2018.Can she extend her H4 EAD beyond that ?

    Thanks for your help
     
  2. donisback

    donisback Guru

    Messages:
    1,280
    Likes Received:
    1,349
    Trophy Points:
    113
    1) No
    2) No

    I-140 needs to be valid at the time of extension filing.
     
  3. super12

    super12 New Member

    Messages:
    15
    Likes Received:
    3
    Trophy Points:
    3
    Even with Jan 17 rule change ? Can my wife use the EAD currently until it's validity .Will she now get a NOID?
     
  4. donisback

    donisback Guru

    Messages:
    1,280
    Likes Received:
    1,349
    Trophy Points:
    113
    You wont be able to extend. The current petition will be valid until expiration date
     
  5. super12

    super12 New Member

    Messages:
    15
    Likes Received:
    3
    Trophy Points:
    3
    Ok I don't agree with you on h1b extension after my research online we can extend any number of times if your i140 is approved for more than 180 days.The rule came into effect on Jan 17,2017 but thanks for your time and response .I will reach out to a legal attorney and will confirm the same
     
  6. super12

    super12 New Member

    Messages:
    15
    Likes Received:
    3
    Trophy Points:
    3
  7. New Guy

    New Guy Senior Member

    Messages:
    217
    Likes Received:
    134
    Trophy Points:
    43
    The employer can't withdraw i140 after it has been valid for 6 months (unless USCIS revokes for fraud)...

    He can extend H1B based on existing 140
     
  8. donisback

    donisback Guru

    Messages:
    1,280
    Likes Received:
    1,349
    Trophy Points:
    113
    OP has not specified when the old employer has withdrawn i-140. The 140 retention rule is not applied retroactively. It is only applied to i-140 that are approved after i-140 retention rule was published.
     
  9. super12

    super12 New Member

    Messages:
    15
    Likes Received:
    3
    Trophy Points:
    3
    This is the text - Your reply seems to not make any sense to me.180 days after the I-140 approval is what is mentioned in the rule.So you are basically saying this applies only to I140 approved after 1/17 or have been approved for 6 months after 1/17? .And I mentioned in my initial post that my I140 is approved 5 years back and it was withdrawn just yesterday.May be Iam missing something here.I will do my DD by consulting a lawyer.

    Under another provision in the proposed regulation, once an I-140 has been approved for 180 days or more, it could only be revoked by the USCIS based on error, fraud, or misrepresentation, or upon revocation or invalidation of the corresponding labor certification. This means that, if a petitioner were to withdraw an I-140 180 days after its approval, this would not cause the USCIS to revoke the I-140.
     
  10. KB1

    KB1 Senior Member

    Messages:
    263
    Likes Received:
    149
    Trophy Points:
    43
    I don't believe this is true....only part which cant be applied retroactively if your I-140 has been revoked in the past even though it had crossed 180 days.
     

Share This Page