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Old 11-02-2007, 11:58 AM
jsb jsb is offline
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
06/01/2005
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/29/2007
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Join Date: Aug 2007
Posts: 838
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Quote:
Originally Posted by BharatPremi View Post
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.

Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)

Bottomline is that there has to be at least one I-140 approved at some stage.

Last edited by jsb; 11-02-2007 at 12:45 PM. Reason: Last line added
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