I140 withdrawn

[visapower]

Hi,

My employer had given me an approved labour and filed for my I140 in May for which I have received the receipt notice. I subscribed myself for email alerts in USCIS website with my I140 receipt notice number. Few days before I received an email from USCIS that a request for withdrawal of my I140 was accepted and I will have to file a new application if I want to apply again. I questioned my employer regarding the same but they said they didnt withdraw my I140 application and that it must be a screw up from USCIS side.

Question 1: Is it possible that it can be a mistake from USCIS side?

I have been approached by a different employer who is ready to file my GC.

Question 2: If my existing employer has really not withdrawn my I140 application, can there be problems for me if I change my employer and my new employer files my GC..(since there can be two I140s from two different employers) ?

Thanks in advance..

[jim]

Hi,

Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.

Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.

[roseball]

The only impact will be that you will lose your earlier PD (if 140 gets approved).......Also, it could cause you issues with H1 extensions if you are in 6th year of your H1 and are re-starting the GC process....Note that your LC/I-140 must be filed or should be pending for 365 days or your I-140 must be approved in order to get H1 extensions beyond the 6 year term....

[rajeshalex]

Take an infopass appoinment and find out whose mistake was it.

How do u know if the employer is lying? ( chances more if its a desi)
or if its a mistake from USCIS

Rajesh