NIW I-140 Withdraw

[austinjoe]

NIW I-140 Withdraw for PACMAN and HONKMAN

Is anyone could help me to get clear on this:
If I filed NIW I-140 first, but withdraw it it after RFE or NOID, is there a record left in USCIS system?

I'm in F-1 now, and may needs to change school to maintan my F-1. It's said that one your filed I-140, then you'll have trouble to get F-1/B1 non-immigration visa. Just want to make sure that withdraw I-140 will allow me to say NO to question asking if any immigration petition has been filed in my future visa application.

PACMAN or HONKMAN, if you come cross this thread, please leave your cooments. PACMAN, I saw your have done NIW I140 withdraw in 2002, how did you answer this when you filed EB1-OR in 2003?

Thanks for your input.

 

[eaglejoeli]

I think you should consult an immigration lawyer immediately. There's absolutely no guarantee that you can get a satifactory answer from the laymen in the forum

 

[tangohi]

I think once you have filed for 1140 then it will be in the system. Even if you withdraw. The bigger problem is that when you go out of US and fill in DS156 they will ask you did you ever file for permanent residence and you will have to answer yes. That will most likely result in denial of F-1 visa or most of them unless you apply for H1 or L1. I think you need to talk to a lawyer but be prepared for worst. If you are in US and on F-1 best option dont leave till you get H1 after completion of studies.

 

[pacman]

My original NIW still is in the system. I can look it up online. In my OR application, we did refer to the withdrawn NIW petition. Therefore, I think you should consult with an attorney about your case.