rp1740 said:
I consulted with a reputed attorney. Now here is what bothers me. I asked the attorney, what was the reason my ex-employer revoked my I-140 after more than 180 days had crossed and it was known that I would be filing AC21? Can he use the same labor again?
She replied yes and they can use it on someone again even after my AC21 is approved and my I-485 reopened. So my question was, in that case, what happens at the time of adjudication of my I-485? She replied that in that case
the person who's 485 get approved first will get away and the next person's approval of I-485 will be denied.
If that is true, then the whole purpose of AC21 makes no sense.
I don't think that is true. You don't have to be bothered about how the labor be used. Your I140 is still valid.
The following is from the Yates Memo August4, 2003.
"As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also
the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved
Form I-140 remains valid with respect to a new offer of employment under the flexibility
provisions of §106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
the provisions of §106(c) of AC21. It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
employment in the same or similar occupation, the BCIS may consider the approved Form I-140
to remain valid with respect to the new offer of employment and may continue regular
processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
not established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
the Form I-485."
Your leading has to fight based on this.
Lets say, even if a new guy applies 485 using your labor the receipt date will be later than yours, so your case will done first.
