REFILE I140 after the I140 is withdrawn

srikartech

New Member
I was working as a consultant for company A and my I-140 is approved with them. Subsequently, i moved on as i got the full-time opportunity. Its been two years now, and the new full-time employer couldn't sponsor GC for me, so I wanted to go back to company A, the only problem, in this case, is that company A has withdrawn my I140 due to Ability to pay issue. If I go back and join Company A, can they refile I140 using the same PERM or do they have to start the process of PERM -> I140 all over again.

Any with similar experience ??.
 

whitemimauz3

Registered Users (C)
You wrote company A filed & I-140 is approved & you also wrote company A withdraw I-140. You mean they withdraw after its approval OR they withdraw in response to ability to pay RFE ?
 

srikartech

New Member
You wrote company A filed & I-140 is approved & you also wrote company A withdraw I-140. You mean they withdraw after its approval OR they withdraw in response to ability to pay RFE ?

It was withdrawn after it was approved. Never had RFE on the I140. And the withdrawal didn't happen within the 180 days timeframe .
 

srikartech

New Member
Thanks for the response. How sure are you about the refile of the PERM. Can you please point me to any past cases or threads that might help add more context to your response. My employer thinks they can just refile the I140, want to make sure before i jump the ship and join him.

I have looked at a couple of threads on avvo and the attorney's response was you can just file i140, again no additional info provided there as well, so want to be sure. Below is the link to the discussion. Thanks a lot for taking time to respond to the question.
 

whitemimauz3

Registered Users (C)
Withdrawal is withdrawal it cannot be retracted. If your employer has withdrawn petition read the terminology of withdrawal acknowledgement received from USCIS.
 

baluchata84

New Member
It was withdrawn after it was approved. Never had RFE on the I140. And the withdrawal didn't happen within the 180 days timeframe .
@srikartech
I am also sailing on same boat and heard that old employer can pick it up from I140 as long as the the title and responsibilities match . No need for new PERM . Did you get any concrete information??
 
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