Revoking 140 and GC

[Participant]

Earlier in these forums there was a question whether an employer can revoke
140 after GC? (i do not remember exact question but it was similar to this).
Now Murthy.com link tells an employer can revoke well after GC and CIS can issue NOIR(Notice intend to Rescind GC).
Though the link is of little different context(AC21),basically it shows an employer can revoke 140 even after GC approval(and may be after months aslo?).
Link:http://www.murthy.com/news/n_risres.html.

[TheRealCanadian]

Originally Posted by Participant

Though the link is of little different context(AC21),basically it shows an employer can revoke 140 even after GC approval(and may be after months aslo?).

It says nothing of the sort. If you dig carefully, you will note that the employer revoked the I-140 before the GC was approved.

[temposerver]

Hello Participant,

They would never be able to revoke 140 after getting GC unless the employer wanted to tell the uscis that he submitted wrong docs related to finacial status and all, in which case it will be a big trouble for employer to begin with, he will be pushing himself in to a big mess...as uscis could investigate a fraude case on employer himself... So don't worry...

Hope that helps!

[kashish]

Hi:

Can you please guide how you came to this conclusion. Thanks.

Kashish

Originally Posted by TheRealCanadian

It says nothing of the sort. If you dig carefully, you will note that the employer revoked the I-140 before the GC was approved.

[TheRealCanadian]

Originally Posted by kashish

Can you please guide how you came to this conclusion.

Disclaimer: this is from memory, so it may or may not be 100% correct.

As I understand it, an alien had an approved I-140 and an I-485 pending for over 180 days. At some point, he switched jobs using AC21 but did not inform USCIS. After this occurred, the employer withdrew the I-140 and informed USCIS. USCIS being as inefficient that they are, did not notice the I-140 withdrawal until the I-485 was approved.

At this point, USCIS realized that the alien might not have been eligible to adjust status because the approved I-140 was withdrawn before the I-485 was approved. Therefore, they issued the NOIR basically telling the alien, "prove that you had a same or similar job at the time your case was ajudicated".

Had USCIS been more efficient, instead of approving the I-485 they would have issued an NOID asking for the AC21 evidence. Since they didn't do this, they came back after the fact.

It's important to remember two important facts. First, the I-140 was withdrawn, and it was withdrawn before the I-485 was approved. Had the withdrawal reached USCIS after the I-485 was approved it would have been "too bad, so sad".

[kashish]

Thanks for your reply, appreciate. I re-read the Murthy article but could not find anything to support your second fact/conclusion. Though what you say seems logical, but still that article (at least in my opinion) does not conclusively suggest the same.

Kashish

Originally Posted by TheRealCanadian

It's important to remember two important facts. First, the I-140 was withdrawn, and it was withdrawn before the I-485 was approved.

[TheRealCanadian]

Originally Posted by kashish

I re-read the Murthy article but could not find anything to support your second fact/conclusion. Though what you say seems logical, but still that article (at least in my opinion) does not conclusively suggest the same.

You're right. I re-read the article just now and agree with you. The only thing I can find is that the article indicates that the AC21 notification was "timely filed", and I take that to imply it means it was filed before the I-485 was approved. Again, this is an assumption, and I may be incorrect.

I think the lesson remains the same - if you can provide evidence that you were in a same or similar job at the time of the I-485 approval you should be fine.