EAD and 1-140 revocation...gurus please help!!!

D

Dhinchek

Registered Users (C)
Hello:
I seek your valuable advice on this particular scenario.
My PD is June 2003, EB2 (India)

My AOS was applied in June and 180-day mark from the receipt date is passed. I am on H1-B expiring in 2010.I have my EAD and AP approved. The current PD for India - EB2 is Jan 2000

I have been working hard in this company that filed my GC, but recently workload has been horrible. I am certainly looking for another opportunity. I am aware I can invoke AC21 and find another job with same/similar job description.

What if my current employer withdraws the 140? I know I will get NOID. My question is when will I receive it?

Will I receive it when an immigration officer is ready to process my case (PD is not current and 3.5 years retrogression) or I will get it within sometime after my 140 is revoked?

Also, if I move to EAD in the new same/similar job, will my EAD denied after expiry since my 140 is revoked? Is 140 withdrawal and EAD issuance related?

Please help...I need advice -

Thanks a million -
 
> What if my current employer withdraws the 140? I know I will get NOID. My question is when will I receive it?

Well usually once your I-140 is revoked - they may get NOID immediately.....or if they Adjudicating officer is lazy....it may be a while before he realizes....and issues you the NOID....

> Will I receive it when an immigration officer is ready to process my case (PD is not current and 3.5 years retrogression) or I will get it within sometime after my 140 is revoked?

Usually right away...

> Also, if I move to EAD in the new same/similar job, will my EAD denied after expiry since my 140 is revoked? Is 140 withdrawal and EAD issuance related

Yep, I-140 and EAD are related....Since your I-140 is the basis for your I-485...first your I-485 might get denied....Denial of I-485 - automatically voids the EAD....

checkout users, like Positive4GC etc....and look at their posts on how to handle/defeat NOID...
 
If you proactively send the supporting AC21 documentation about your new job before the employer attempts to revoke the I-140, they should not send an NOID. Make sure your A#, I-140 case number, and I-485 case number are sent with the job letter. Also revoke the G-28 of the company lawyer, if the company lawyer was authorized to handle your I-485.

However, sometimes they still send the NOID anyway. You just have to watch out for it and be ready to respond ASAP.
 
Jackolantern said:
If you proactively send the supporting AC21 documentation about your new job before the employer attempts to revoke the I-140, they should not send an NOID.
Click to expand...

I would NOT rely on this. It doesn't hurt to notify USCIS proactively (all you waste is a 39 cent stamp) but I would operate under the assumption that this will be ignored and you will get an NOID.

Also revoke the G-28 of the company lawyer, if the company lawyer was authorized to handle your I-485.
Click to expand...

Excellent idea.
 
TheRealCanadian said:
I would NOT rely on this. It doesn't hurt to notify USCIS proactively (all you waste is a 39 cent stamp) but I would operate under the assumption that this will be ignored and you will get an NOID.
Click to expand...
It's a 41 cent stamp, and I already wrote that they might send the NOID anyway even if the AC21 documentation has been proactively sent.
 
Recently I saw one post in this forum from a guy who had changed the attorney by sending new G-28. However IO served NOID to the old attorney. Not to scare you, but with USCIS nothing is predictable.
 
Hi,

Can someone please explain about G-28 form ?.

I didn't sign any such form so far. How would I know I-485 is being processed by the lawyer or not. Assume I have received all the I485 related notices to my home address.

With regards,
 
helpme123 said:
Hi,

Can someone please explain about G-28 form ?.

I didn't sign any such form so far. How would I know I-485 is being processed by the lawyer or not. Assume I have received all the I485 related notices to my home address.
Click to expand...
Most companies will have you sign a G-28 form to authorize their attorney to handle the I-485 processing. If you are going to receive and handle the I-485 notices and paperwork yourself, you wouldn't and shouldn't sign a G-28.
 
helpme123 said:
Hi,

Can someone please explain about G-28 form ?.

I didn't sign any such form so far. How would I know I-485 is being processed by the lawyer or not. Assume I have received all the I485 related notices to my home address.

With regards,
Click to expand...

If you have not signed the G-28 some one in your company who is not an attorney is doing all the paper work for you. Since he is not an attorney he can not sign the paper as attorney hence there is no G-28
 
Wait, I'm confused with the discussion in the thread.

If the 180 day period has passed since I-485 was filed and I-140 was not withdrawn/revoked etc. before the 180 period, the AOS is completely portable. Refer to Question #11 on Page 6 in the New AC21 guidance memo:

www.immigration.com/newsletter1/newac21guidance.pdf

So, the AOS is completely portable after the 180 day period even though the original I-140 has been withdrawn by the employer.
 
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