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  • I-140 withdrawn notice

    My full six years of H1B expires in 10/2020. My perm and labor was approved in 06/2018 and my i-140 was filed by my Employer. USCIS case status on 02/2019 says "Withdrawal Acknowledgement Notice Was Sent" My employer says they have not withdrawn my i-140 and this is an error from USCIS(case is with an adjudicator and is under review) but I do not have any official correspondence from USCIS or from my employer.

    What is the outcome of this, what is the next steps for me as my employer is not giving me proper answers. Is there something I can follow up and how much time do I have before getting into any issues. Please help.. thanks in advance

  • #2
    Hi there - I see this as relevant thread to get some suggestions in my case. I have I-140 approved as of Jan 12 , 2008 (Notice Date) and PD as Dec 22 ,2006. I have come back to India in March 2010 due to family reasons. Since then I am in India working with one MNC. I saw one email that On June 24, 2013, USCIS received petitioner request to withdraw your Form I140, IMMIGRANT PETITION FOR ALIEN WORKER. and Decision has been sent December 8, 2014. I just wanted to check if I want to go back to USA can I use this I140 to get non cap H1B stamp in my passport for same employer OR I can transfer my I 140 to new employer OR there is no scope left for me as this I 140 is withdrawn ? I see some posts as there is criteria of beyond 6 months post I 140 approval any withdrawal doesn't make any impact and its still valid for an beneficiary to avail the benefit for non cap Visa stamping thur US Consulate in India. My last H1B visa has got expired on 31 Dec 2010. Please advise and let me know if you need any further details on my case.

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