withdrawals - a disturbing trend

Could such a thing happen if the sponsoring company withdraws its I-140 for some reason? or it doesn't matter post 180 days of 485 ND?

I heard of one company, which threatened to withdraw the I 140 if the employee quit and joined the client post 180 days of ND.

Just wondering.....
 
140 .....Comapny can withdraw 140 anytime . on or after 180 days they own that application . There's no guidelines till date on this.
 
Sorry I stand corrected. What I should have said was withdrawal of underlying I140 would not harm GC processing after 180 days!
 
just a tought!!
if both wife and husband applied for green card with their own employees separately , if they received approval with one filing, the other may with draw the case:confused:
 
both my friend and his wife have filed 485 with their respective employers and the earliest filer is jan 2002 (RD). I don't know when the 2nd was filed. But INS has not caught the dual filings till date. I can get more details if anyone is interested.
 
WAC-02 withdrawn related records

Originally posted by ND022202
140, ur right, I saw only one or two more such withdrawals for some 01 series, i mean a withdrawal after a long enough wait, but previous status is unknown, because I bumped into it on the 1st scan.
kashmir can detect it now in touched cases. Let's see.
Code:
case number*  scanned    status        new date        previous scanned status
-------------^----------^------------^----------------^-----------------------
WAC02045$107$ 2003-05-06 withdrawn     2003-05-05  <-  2003-03-04  RFE received
WAC02059$021$ 2003-05-06 withdrawn     2003-05-05  <-  2002-04-18  resumed
WAC02045$117$ 2003-04-23 withdrawn     2003-04-22  <-  2003-03-27  RFE received
WAC02042$099$ 2003-04-15 resumed       2003-03-26  <-  2002-10-25  withdrawn
WAC02156$072$ 2003-05-03 withdrawn     2003-03-25 
WAC02047$033$ 2003-04-07 withdrawn     2003-03-14 
WAC02040$081$ 2003-04-12 withdrawn     2003-02-19 
WAC02040$058$ 2003-04-12 withdrawn     2003-01-23 
WAC02040$061$ 2003-04-12 withdrawn     2003-01-23 
WAC02040$065$ 2003-04-12 withdrawn     2003-01-23 
WAC02093$035$ 2003-04-30 withdrawn     2003-01-09 
WAC02049$234$ 2003-03-19 withdrawn     2002-12-20 
WAC02033$074$ 2003-04-18 withdrawn     2002-12-07 
WAC02150$167$ 2003-04-05 withdrawn     2002-11-23 
WAC02042$238$ 2003-04-11 withdrawn     2002-11-15 
WAC02042$242$ 2003-04-11 withdrawn     2002-11-15 
WAC02086$096$ 2003-04-27 withdrawn     2002-11-13 
WAC02184$101$ 2003-05-05 withdrawn     2002-11-13 
WAC02184$036$ 2003-05-05 withdrawn     2002-11-08 
WAC02184$038$ 2003-05-05 withdrawn     2002-11-08 
WAC02042$099$ 2003-04-11 withdrawn     2002-10-25  ... but resumed on 3/26/2003
WAC02080$016$ 2003-04-23 withdrawn     2002-09-24 
WAC02044$596$ 2003-04-09 withdrawn     2002-09-17 
WAC02044$597$ 2003-04-09 withdrawn     2002-09-17 
WAC02040$080$ 2003-04-12 withdrawn     2002-09-03 
WAC02042$284$ 2003-04-11 withdrawn     2002-07-26 
WAC02042$295$ 2003-04-11 withdrawn     2002-07-26 
WAC02042$302$ 2003-04-11 withdrawn     2002-07-26 
WAC02044$275$ 2003-04-09 withdrawn     2002-05-20 
WAC02044$277$ 2003-04-09 withdrawn     2002-05-20 
WAC02042$222$ 2003-04-11 withdrawn     2002-03-19 
WAC02042$225$ 2003-04-11 withdrawn     2002-03-19
 
I see resumed after withdrawal. Cool. I was always a believer in american bureaucracy (or incompetence of DBA :) ).
 
Last edited by a moderator:
140 - you are correct withdrawal of I 140 will not harm AOS after 180 days and that too because it contradicts AC21, since on one hand INS gives you the freedom to change employers after 180 days and on the other hand withdrawing 140 will lapse the GC application. But the problem is that since AC21 is still very grey, it depends how INS views the whole thing. Based on precedence, INS has not entertained I-140 withdrawals post 180 days (just heard about this yesterday).
 
ISAMP,

SillyMan is right about not filing dual AOS applications. They are crazy these friends of yours for the following reasons:

1. It is illegal, to have 2 485 petitions floating around at the same time. (We don't know the repercussions that might have for Citizenship - Did their lawyers know about this duplicity?)
2. Instead of both being in the same boat, one of them should have gone for CP instead of AOS, that way which ever came first, they could have done!
3. Double the expenditure!
 
140,
From what I have heard, it isn't illegal to have multiple 485's. A collegue filed his 485 and before his FP got married. Instead of filing a 485 just for his wife, the lawyer advised him to apply again along with his wife, this way both the applications would get approved together and will avoid unnecessary questions when his wife's case comes up.

I do not know if the lawyer withdrew the earlier petition or not.
 
I have never heard that it is illegal to file 485 twice.

Originally posted by 140_takes_4ever
ISAMP,

2. Instead of both being in the same boat, one of them should have gone for CP instead of AOS, that way which ever came first, they could have done!


That could have been an option. But both of them felt their jobs were shaky and did this from security point of view.



3. Double the expenditure!

did not have to shell out anything as company paid for them.
 
Originally posted by GCDreamz

A collegue filed his 485 and before his FP got married. Instead of filing a 485 just for his wife, the lawyer advised him to apply again along with his wife, this way both the applications would get approved together and will avoid unnecessary questions when his wife's case comes up.

My god what a moron of a lawyer, that way the guy lost his original RD? I would think it is less of a hassle to answer questions as compared to the hassle of waiting for an approval! JEEZ proves that lawyers suck!

Illegality of the dual application to the extent that INS will deny one the moment they find it besides getting pissed off. Don't know what else they will do!
 
again 2 withdrawals in 02-045

Occasionally, spotted in a scan,
on 09/08/03 2 cases were withdrawn from previous status resumed/FP received on 02/06/02.
I don't think this is a trend, just didn't want to start a new thread.
 
How about opting CP?

I can think of two possibilites.

1. Withdrew 485 and switched to CP.

2. Dual green card apps. Lets say after realizing 485 is going to take forever may filed for future GC and opted for CP, as CP is getting through withdrew 485.
 
Top