Form I-140 immigrant petition

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

This is regarding in clarification of a regulation on Form I-140.

As per the new regulation published on Jan 17, 2017:

If the petitioner requests to withdraw a Form I-140 that has already been approved for at least 180 days or if an associated Form I-485 has been pending for at least 180 days, we will not revoke the approved Form I-140 and the beneficiary will retain the priority date from the form. We will consider the job offer withdrawn, but the Form I -140 will remain approved for purposes of INA 204(j) portability unless we revoke it on other grounds. See 8 C.F.R. 205.1(a)(3)(iii)(C) .

What happens if the beneficiary has an I-140 petition approved in June 2015 and revoked in Sep 2016 ( not for fraud). Can he/she still be able to use that I-140 to retain the priority date?

There is no clear mention about the retroactive application of this regulation. Please clarify.

Thanks.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Mrutyumjai Kamana

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

This is regarding in clarification of a regulation on Form I-140.

As per the new regulation published on Jan 17, 2017:

If the petitioner requests to withdraw a Form I-140 that has already been approved for at least 180 days or if an associated Form I-485 has been pending for at least 180 days, we will not revoke the approved Form I-140 and the beneficiary will retain the priority date from the form. We will consider the job offer withdrawn, but the Form I -140 will remain approved for purposes of INA 204(j) portability unless we revoke it on other grounds. See 8 C.F.R. 205.1(a)(3)(iii)(C) .

What happens if the beneficiary has an I-140 petition approved in June 2015 and revoked in Sep 2016 ( not for fraud). Can he/she still be able to use that I-140 to retain the priority date?

There is no clear mention about the retroactive application of this regulation. Please clarify.

Thanks.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Mrutyumjai Kamana