I140 withdrawal request question

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

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.

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

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.

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

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.

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

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.

Agnelson quote: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.

What is GC anyway? It was simply my lawyers advised.He told me, the only way I could get TN is to withdraw my petition. In fact, I use the same employer for my TN.That is why I am so confused of the situation. Thanks

-- Thu Sep 24, 2009 4:24 pm --

Knowing that he is an immigration lawyer, I presumed, he knows everything..I paid him to do that and of course, I do what he said. I am glad that I found this site knowing that there are some people wanted to help and give some tips about this immigration laws and I am very thankful.

-- Thu Sep 24, 2009 4:59 pm --

The best way is to try and go ahead with my plans and from there, we'll see. Whew! sounds scary but I have to be positive. The only thing that scared me is because I was denied entry in the past as a visitor (not banned) and proof of ties they need if I wish to come back. I don't have to worry much because now I have all the documents needed for TN but once u had problem before, I am very apprehensive about the situation, but I am ready..

What is GC!?! Before I answer that, you have some responsibility to know a little about how your process works. You don't let company and lawyers do whatever they want without your approval.

So, to recap, because you didn't know what was going on, your firm filed an I-140 for you, which was intended to lead to GC (Green card), then decided that they couldn't renew your tN, thus you are not working, and in the meantime, since you weren't working, you were not entitled to live in US, so next time you re-entered US you didn't have a place in canada, so were correctly denied entry as visitor.

Then the brilliant lawyers decide rather than learn about TN, decide to kill your I-140, which kills any chance of GC, but can't even do that right. So there you sit in canada, no job, no I-140, no TN documents, no clue -- for how long now?

Let that be a lesson to all you lawyer lovers out there.