Can employer revoke I-140 application?

A

aarny11

Registered Users (C)
Hi Guys,
I have I-140 pending and applied for AOS concurrent with the receit date 9/30/02.

In case of layoff, can company revoke application for labor and I-140?. If i get my EAD before i get laid off can i work on EAD? There is one case in my company that they transferred labor and I-140 from one person( who left the company) to another person and applied for his AOS directly.

Thanks in advance...
 
Q1: In case of layoff, can company revoke application for labor and I-140?

A1: yes

Q2: If i get my EAD before i get laid off can i work on EAD?

A2: Until it is revoked

I-140s are not transferrable to another employee. I don't see how what you described is possible.
 
Jim,
Thanks for your answers. Well, the company did transfer I-140 to another person? I don't know how? your answers raised more questions for me :)..

Q1: In case of layoff, can company revoke application for labor and I-140?

A1: yes.....What kind of companies do that? I mean small companies does not care . A friend of mine was working for a start-up and he got laid of after getting EAD and started working for another company after searching for a job for 4 months...

Q2: If i get my EAD before i get laid off can i work on EAD?

A2: Until it is revoked ...so, revoking I-140 means EAD gets cancelled and so does AOS application? I thought I-140 and I-48s/EAD/AP are two different processes..

Thanks for your reply....
 
The only way I know of to do an I-140 transfer is to acquire the company or at least the division that the person works for. I don't know either.
 
aaryn11

I-140 application is not for you it is for you employer that is why you dont sign anywhere you are just a beneficially your employer can revoke the application and you have to work for your employer for 180 days before you can change employment that is from the time you filled your 1-485 your employer can do anything be careful. but with EAD you can have another parttime job also remember that if your employer revokes your I-140 before 180 days your EAD will be cancelled
 
zirindaba

This is very good information and would be very helpful to me. Do you kno w of any case where employer has revoked I-140 ?
 
So, if I-140 is approved, can employer still revoke it? Along the same line, if you leave the current company after I-140 approved but before 180 days, is it possible to continue I-485?

Jim, and/or anyone can answer this please? Thanks.
 
Q1. So, if I-140 is approved, can employer still revoke it?

A1. Yes, the question is whether the revocation will have any effect on an I-485 that has been pending less than 180 days. The answer to that question is unclear.

Q2. Along the same line, if you leave the current company after I-140 approved but before 180 days, is it possible to continue I-485?

A2. You certainly can continue but, depending upon the rules governing AC-21 (which have yet to be promulgated), or the service center's interpretation of AC-21 in the absence of implementing rgeulations, the I-485 may or may not be approved. Again the answer is unclear.
 
could the employer revoke the i140 aftern 180 days?

Hi, Jim,

Could the employer revoke the i140 after 180 days? I am confuse on it.

Thanks,

Zhen
 
How to verify i- 140 is revoked. Does INS give the Information about that? How to get this Info?
 
To repeat. Yes, the question is whether the revocation will have any effect on an I-485 that has been pending less than 180 days. The answer to that question is unclear.

The employer owns the LC and the I-140 and as such the employer can request cancellation any time. The cancellation just may not have any effect on a pending (or approved) I-485 after a certain point.

Jim
 
Jim,

Originally posted by Jim Mills

The employer owns the LC and the I-140 and as such the employer can request cancellation any time. The cancellation just may not have any effect on a pending (or approved) I-485 after a certain point.

Jim [/B]
Click to expand...

Can you describe in detail after what stage of pending I-485 , cancellation of I-140 does not have effect?
 
Last edited by a moderator:
Aarny

Originally posted by aarny11


Can you describe in detail after what stage of pending I-485 , cancellation of I-140 does not have effect?
Click to expand...
I think your 140 can be revoked by ur employer anytime before 180 days of approval. But, what I gathered from other threads is that, normally, if a company sends such request, it will take abt 5-6 months until they receive and review that and by that time you will already have ur card with you..So, just relax dude.
 
I remember their was a case at murthy.com saying an employer revoked an ex-employee's I-140 after 180 days. Then the guy's I-485 got denied. His lawyer fought it with the INS and eventually got approved. So my thinking is the employer can't do anything after 180 days because if they can, then AC21 doesn't really work. So far, I never heard of a revocation case before 180 days, so it is still unclear. My gut feeling is that it won't be good to have I-140 cancelled before 180 days.

Good Luck!
 
what if the request for I140 revocation is before 180 days but INS actually acts on it after 180 days ?

Any known case ?:(
 
All...

Read carefully what Jim is trying say:

Employer(s) can revoke LC or I-140 anytime he/she wishes to do so. You, your attorney or any law can't stop him/her.

But if your I-485 is already over 180 day's then you might get away with it using AC21 rule. It all depends upon INS & your attorney.
 
Hi guys,

I have an approved 1140 from my previous employer. It's been approved for the last 2.5 yrs now. I quit that company and have been working elsewhere for 2 yrs now. I just checked on the BCIS site and it is still in approved state! Can I file a 485 using this? Or can I extend my current H1 using this?

Thanks in advance!
 
Revoke versus withdraw

From what I understand "revoking" and "withdrawing" the I-140 application are two different things.

Withdraw: It implies that the I-140 application is still pending and the employer requests INS to withdraw the application i.e. the employer do not have the intention to continue sponsoring the I-140 application


Revoke: It implies that the I-140 application is already approved and the employer requests INS to revoke the decision (approval) on the application.

Just wanted to clear the distinction between these two terms as I have seen these terms been used interchangeably in this thread.
 
Hi USNYCUS,

In my opinion, I-140 is employer's process, he can withdraw or Revoke it , any time.

But, if your 485 has been pending , over 180 days, than you will not have ANY effect of such revoke.

Think logically, if that is the case than there is no point , to use the rule AC21 , per the Yates's memo.

Moral of the story : By Revoking I-140 by any employer, after 180 days, has NO EFFCT on EMPLOYEE, so enjoy your new job. You are as good as Free Bird !!!
 
At times the employee may receive an RFE or NOID if the previous employer revokes the I-140 - but the AC21 protects the employee.
 
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