Hi guys I would really appreciate if anyone can help me with my questions!!
I am currently on H1B and up for extension in few months, I would like to check if i would be able to use a previously approved I-140 which is now revoked for extension and also file for H4-EAD for my spouse.
My previous I-140 was revoked 8 months after approval. My understanding is i can port the previous date as well as use it for extensions, but my attorney does not think we can use a revoked I-140
Also i do not have the approval copy of I-140, do i wait till i receive it ( requested using FOIA) or can i file using the Reciept Number.
Reason for i140 revocation?
What is the reason that your i140 was revoked?
USCIS does not revoke the i140 after 180 days unless they find any fraud in the filing as per the new rule.
Was your i140 revoked before 17 Jan, 2017?
17 Jan 2017 is the date that USCIS created new rule to dis-allow i140 revocation if employee has stayed with i140 employer for at-least 180 days asfter approval.
Revoked i140 cannot be used
Your attorney is right in the sense that if USCIS has revoked i140, then you can’t use it for h1B extension beyond 6 years or filing H4 EAD.
FOIA for i140
Thanks for the quick response Anil.
I left my previous employer a few months after I-140 approval and as per the company policy they requested the termination of my H1B and I-140.
From what i read i thought only I-140 which are revoked under 6 months after approval or revoked due to fraud or similar cases would not be considered for extensions.
My case was purely me taking up a new opportunity and the company policy was to withdraw applications for both H1 and I-140 upon a employee leaving the organization
How much was those ‘Few months’ after i140 approval?
Also, when was this i140 revocation done? before or after Jan 17, 2017?
I am not sure when the revocation was requested but as per the USCIS case page it was approved May 2017 and revoked on Feb 2018
That’s strange as the new USCIS policy got in effect on Jan 17, 2017 to NOT withdraw i140 if you have spent 180 days with your current employer.
Did you work for your employer for 180 days after i140 approval date? Can you verify that?
No i did not work for 180 days from the approval date. My understanding is as long as i140 remained approved for over 180 days we could use for future processing.
The only reason i could think of is they may have revoked my Labor Certification and hence i140 was also revoked.
“Note that I-140s can still be revoked by USCIS for reasons of fraud, material misrepresentation, invalidation or revocation of a labor certification, or material USCIS error”
There you go!
The primary reason that your employer’s request for i140 revocation was approved by USCIS.
The 180 day condition of working with i140 employer is very important.
If you had worked for them for 180 days after i140 approval, USCIS would have NOT revoked it even on employer’s request.
That’s the new rule that USCIS implemented on Jan 17,2017 to safeguard employee’s interest and help them switch jobs easily.
Unfortunately, you can’t do anything now but to re-start the whole process.
You have even LOST your Green card priority date with your i140 revocation.
You should have done some research before taking this step.
Yea that seems to be the case.
Thanks appreciate your inputs!!