I140 Withdrawn confusion

[raminator]

I am a silent reader for this forum and this is my first post. I appreciate all the help you are doing.

I have a question regarding my I 140.

I got my I140 approved under eb2 in 2008. After that I changed my Job. Just 2 years ago my previous employer told me that my I140 is withdrawn. But recently when I approached him again regarding my I140 withdrawal, they could not find any evidence that they withdrawn. they are also not sure they really withdrawn. So my previous employer and my attorney decided to file I485 thinking that I 140 is still there and they might have not withdrawn. so we filed I485 in October. I got a letter from USCIS for finger printing. getting FP letter means, my I140 is active? At what point we are sure that my I140 is active in this whole process.

[qesehmk]

raminator - I am not the best guy to answer this so I will pass on to others by saying - if I were you - I would be happy with this and not question it.

Most people in EB2I category have to wait years before filing 485. So if the employer doesn't take any action - the I140 just sits I guess. Looks like that's what happened here.


I am a silent reader for this forum and this is my first post. I appreciate all the help you are doing.

I have a question regarding my I 140.

I got my I140 approved under eb2 in 2008. After that I changed my Job. Just 2 years ago my previous employer told me that my I140 is withdrawn. But recently when I approached him again regarding my I140 withdrawal, they could not find any evidence that they withdrawn. they are also not sure they really withdrawn. So my previous employer and my attorney decided to file I485 thinking that I 140 is still there and they might have not withdrawn. so we filed I485 in October. I got a letter from USCIS for finger printing. getting FP letter means, my I140 is active? At what point we are sure that my I140 is active in this whole process.

[Kanmani]

Raminator,

Initiating FP notice is the start of the process. We cannot get any hint about your I-140's life at this point. You may check with the USCIS by opening service request after 90 days of filing to enquire about the pending I-485 pre-adjudication.

Best way to clear your doubt is through FOIA .

[tomhagen]

The only way to know is to check the status using the receipt number. Do you have 140 receipt number ?

If not you can initiate FOIA request. Of course it takes 4-5 months to get the copies all your paper work.

Since your employer is +ve that they didn't take any action your 140 should be active. So go ahead with finger printing

[raminator]

I have my I140 receipt number and checked it online and LUDs. I did not see any change since the original approval. My attorney said I do not need to worry about I140.

[iamdeb]

Hey Raminator,

Got a question for you. You had your EB2 I140 approved from your previous employer. Now your current employer filed for the I485 based on that approved I140. So did you not file PERM and subsequent I140 with your current employer and get the old eb2 date 20008 ported to your current employer's I140. Or did you not file any PERM and I140 with your current employer and directly went for I485 with them? I am a little confused here and would appreciate any clarify from OP, Q or any other experts in this forum.

Thanks!
Iamdeb