I-140 Withdrawn 2 days before 180 days

P

PinoyWaiting

Registered Users (C)
RD: 12-19-01
ND: 01-02-02
FD: 03-30-02
Waiting for Approval

To make a long story short, my company was bought by another company and had to file a new I-140. I was laid off on May 2002 (within 180 days). My new I-140 was withdrawn on June 17, 2002. Old I-140 still intact, I-485 still intact. Will this pose a problem for approval? Working at another state (ex. TEXAS) is this allowed and will not pose a problem for approval? Do you have any tips? Thank you very much!
 
sorry

Your I 485 is based on the I140 of your company. If I140 is withdrawn the base for I485 is gone. So I485 becomes invalid. Anyway check up with your Attorney.
 
Even if old I-140 is intact?

The new I-140 is withdrawn but the old I-140 is intact. Does this make a difference?
 
You are safe... nothing to worry.. chk the below info from murthy.com website

I-140 Revocations

The hottest news item from the meeting came from Efren Hernandez, INS Director of Business and Trade Services. Mr. Hernandez confirmed an earlier indication that an Adjustment of Status (I-485) application could be approved based on AC21 portability, even if the initial sponsoring employer withdraws the I-140 after the I-485 has been pending for 180 days. Moreover, in such instances the 180 days is measured as of the time the INS acts on the request for I-140 withdrawal. That is, if the employer files a request for I-140 withdrawal on day 150, but the INS does not process the request until day 200, the I-485 is still "alive" and approvable.
 
mitwaa, when was that statement released? is it recent? There was

a big controversy going around on this site about rules vs. regulation vs. law and all lawyers are afraid of talking positively since it is not a regulation yet. So it is 100% a INS regulation then?
 
You must log in or register to reply here.
Top