I-140 approved 2018, no I-485. Now filing I-130.

[kiwipete 18]

I was working in the US on an H-1B, with a company who had filed an I-140 for me.

 

The company was acquired in 2017 and my role was restructured out. My H-1B expiry date was in August 2017 so I elected to return to New Zealand with my NZ fiancé (now wife).

 

Fast-forward to now, we want to return to the US to be near family. I’ve filed an I-130 and tracked down the immigration attorney that filed the I-140 to check the status in case it came up, assuming it was abandoned when the company was acquired/I was made redundant.

 

Surprisingly, their reply was that the I-140 was filed by the acquiring company, and was approved in Feb 2018 (6 months after redundancy and leaving the US) but that I never filed the I-485 (makes sense). I didn’t get any notification about the approval, I assume it was sent to my old work email (that’s on me).

 

I have two questions:

 

1. Is that I-140 approval likely to have any impact on my current I-130 application.

2. Is there any chance that I-140 approval might still be able to be used if I file the I-485 for it? I’m guessing the answer is an obvious ‘no’ after 5 years in New Zealand, but can’t hurt to ask. I’m not employed by that company any more, but saw various things about if the I-140 hadn’t been withdrawn by the company after 180 days there were some special cases.

 

Thanks for any help!

[SalishSea 17,928]

Who is petitioning you with the I-130?

[kiwipete 18]

My wife who’s a US citizen (married 2019, child who is a US citizen).

[Bajinga 136]

1. No, there is No impact of the approved I-140 on your current I-130.

2.  i) No, you cannot as you do not work or plan to work for the employer that filed the EB petition for you. ii) The only way the approved I-140 can help you is if a future employer filed a PERM for you, you could potentially keep the priority date based on the previously approved I-140 that was not withdrawn within 180 days of the approval. this does not apply to you in your current situation.

Your wife Filling the I-130 petition for you was the right thing to do and the only practical option available in your current situation. 

Edited October 18, 2022 by Bajinga

[kiwipete 18]

@Bajinga thanks for your reply. That’s what I was expecting but it’s great to have someone with more knowledge help validate it. We’ll press on with the I-130! Thank you

[SteveInBostonI130 3,468]

7 hours ago, kiwipete said:

My wife who’s a US citizen (married 2019, child who is a US citizen).

I am a but lost.  In your first post you said you moved to NZ to be with your NZ fiance who is now your wife.  Is she a dual citizen?

[kiwipete 18]

4 hours ago, SteveInBostonI130 said:

I am a but lost.  In your first post you said you moved to NZ to be with your NZ fiance who is now your wife.  Is she a dual citizen?

Sorry that’s an (important) typo. My wife’s a US citizen and moved with me to NZ (I sponsored her residency). She is a dual citizen now.

[SteveInBostonI130 3,468]

3 hours ago, kiwipete said:

Sorry that’s an (important) typo. My wife’s a US citizen and moved with me to NZ (I sponsored her residency). She is a dual citizen now.

 

Thank you for the clarification.

 

As others have noted, it would be easier for your wife to petition you for an IR1 visa than for you to try to revive the old I-140.