I140 withdrawal request question

[jodanick]

Do you know how long will it take to receive a response from USCIS regarding I140 withdrawal? Do they have processing time to follow?
Is it possible to go directly through CBP and request to withdraw your I-140 petition? thanks

[agnelson]

CBP has nothing to do with I-140, it is strictly a CIS process.

As was discussed earlier, having such a petition pending or in limbo has no impact on any other non-immigrant petition or action, so I wouldn't be siting around waiting for this. Move on with your plans.

[jodanick]

So you mean CBP will never interfere if they see I have petition ongoing? Do you think they won't see it on the computer at all? What you are suggesting is very convincing but on the other hand, I am so much apprehended about what I've been heard and what my lawyer just told.He said, I have to withdraw my petition before going through my TN and some other said, I have to wait for my CP to go through or slim chances at all if doing it..Thanks for your quick response

[agnelson]

I didn't say they will not see it. I said they cannot cancel it.

CBP is under instructions not to deny TN simply on the basis of pending or approved I-140.

Your lawyers are not TN-savvy.

[jodanick]

I just want you to know that I am still Canada not inside US. I am stating this because of the dual intent issue. If only I have H1B visa I could do that because it has a dual intent unlike TN. What do you think? Thanks

[agnelson]

The fact that you are in canada does not change who is responsible for I-140: CIS.

As to dual intent, I'll repeat what I've said to you before: CBP is under direction NOT to deny TN (for dual intent) solely on the basis of pending or approved I-140.

http://www.trowlaw.com/pdf/mar-09.pdf

Quoting the Morris letter of 4/21//08:
"the mere filing or approval of an immigrant petition [I-140 is an immigrant petition - agn] does not automatically constitute intent on the part of the beneficiary to abandon his or her foreign residence."

If you show up with evidence that you have even attepted to withdraw an I-140, then there is even LESS likelihood of denial.

[jodanick]

You quote:If you show up with evidence that you have even attepted to withdraw an I-140, then there is even LESS likelihood of denial.

My lawyer actually sent a letter to withdraw my petition but we never received any reply, it was last June 16 and follow up letter last July 28. That is why I am emphasizing here of how long is the process to take or receive their reply since my lawyer had already done it.
Since you said less likelihood of denial, the letter made by my company lawyer is enough to show as a proof? Thanks a lot

[agnelson]

Just go to the border and get your TN. Don't show up all frazzled and apologetic. Present the documents for your new TN. Period.

As to this I-140 withdrawal, why was it being withdrawn anyways? Why do you feel that it will not lead to GC? Is it because you have left your sponsor, or is it simply the lawyers' wrong-headed belief that unless they withdraw the I-140, you can't get TN? Sounds like you've been thoroughly rooked in this process: Out of work and out of GC process.