I-140 Revoked......

V

vicsager

Registered Users (C)
Just got confirmation from Immigration officer that my employer has revoked my I-140. PD was 3/2001,EB3. They might have intension to sell the labor.
My 7th yr extension was based on I-140 petition.
Gurus please help,if after withdrawing I-140 petition,h-1 is invalid fromthe date of I-140 withdrawal? because 7th yr extension wasbased on I-140 petition.

God knows what to do.
Any help from you guys???? :mad:
 
vicsager said:
Just got confirmation from Immigration officer that my employer has revoked my I-140. PD was 3/2001,EB3. They might have intension to sell the labor.
My 7th yr extension was based on I-140 petition.
Gurus please help,if after withdrawing I-140 petition,h-1 is invalid from the date of I-140 withdrawal? --------------No it is valid till the date mentioned on the I-797 notice of approval. You will not be able to get the next extension based on the same I-140. because 7th yr extension wasbased on I-140 petition.

God knows what to do.
Any help from you guys???? :mad:
Click to expand...
 
Sorry to hear that...

How long it took in effect the status of the records once employer revoked your case?

oq_for_gc :confused:
 
:mad:
I am in the same boat.
did your I140 get approved? Did you file the 485 more than 180 days?

If your 140 approved,and 485 filed more than 180 days, then you still have chance.

painful140
 
I140 withdraw ...

Guys,

After I140 and EAD approval is there any chance any employer can withdraw I140 if yes what is the time line.

Help needed...
 
need_info1 said:
Guys,

After I140 and EAD approval is there any chance any employer can withdraw I140 if yes what is the time line. ---------- If your I-485 is pending for more than 180 days after the I-140 approval then your employer cannot revoke the approved I-140, if he tries to then USCIS will send a NOID to you regarding the I-485 then you can use AC21. Talk to your lawyer ( hoping you paid for the services ).

Help needed...
Click to expand...
 
My 2 cents...

I agree with hathwar. But the way AC21 is currently defined/ implemented, it is difficult to say anything for sure. I have been discussing using AC21 with my attorney and this is how I understand the AC21 situation.

An applicant will be safe to change employers after his/her I-140 has been approved and at that his/her I-485 will have been pending for more than 180 days. In addition, the new position should be same or extremely similar to the one you are currently in. The new salary does not play any role as in most of the cases it will be higher then the current one (or the one mentioned in LC).

I was told by my attorney that your old company cannot revoke your I-140 as it has been approved already. (--> This I am not sure as I have seen quite a few posts in this portal about employers revoking an approved I-140). If this happens as Hatwar said, you will have to reply to USICS's NOID with a AC21, if you have not notified USCIS already about using AC21.

Also the applicant does not require USCIS “approval”. You can notify them once you've ported.

I most probably will be using AC21 in the next few weeks to switch jobs. Hope this does not land me in any trouble.

Wish you all good....
 

Hi,
i am worried my employer may revoke my I-140 (approved today) What should be my recourse ? What is NOID ?

Regards
 
couple of points

First, have you considered CP? I understand, you can have CP much sooner than 485.

2nd, why would an employer revoke I140? Is it because of downsizing? Obviously he liked you because he went with LC, I140 etc. It makes me nervious that employer wold become so nasty.

Thanks!
 
fastshipperNJ said:
Hi,
i am worried my employer may revoke my I-140 (approved today) What should be my recourse ? What is NOID ?

Regards
Click to expand...

Hi,
don't worry about it. once your I140 get approved, and you passed 180 days of filing I140, you can change employer by using AC 21.
NOID is notice of intend to deny. When the officer process 485, if your I140 got revoke or withdrawal, they will send you NOID, so you can use AC 21 to get your 485 approved.
 
Hi everyone,
my 485 got approved on 02/10. my ex-employer also withdrawal my case last year, but finally, my 485 got approved. Don't give up your hope. Mine is in CSC.
 
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