i140 being revoked...urgent advice needed!!!!

D

deadinside

Registered Users (C)
Hello all experts,
I received my green card 3 week ago.
Last Week my Employer(Company-X) informed me he is terminating me and will submit a request to revoke my i140.
Also I did not inform him that I have received my GC. I dont know @ this point he knows this or not.Even though its pretty easy to figure out.

I want to know if this is possible?
Can he revoke the i140 and cancel my GC?
What can i do to protect myself?
All I did was to ask him for the extra percentage he charged me previously on my billing and when i showed him the documents and he is all upset.
All His words contradict whats on the contract.

I joined this company on EAD ( I had a previous EB3 I140 & 485 Pending and I also filed AC21)
He claims I did not do enough hours because I had recently came on bench and 40 hours required to be eligible for GC sponsorship...

He also claims I need to pay him extra since he filed for my green card and all consultants knows and its normal to not put this on paper.
There are more paychecks that are on their way and i think he will not pay those to make up the amount he thinks i owe him
due to the extra percentage i need to pay him because he filed for my GC


Please help me and advise...
Me and my wife have not slept since last week.
What do i do to protect myself...
Sincerely,
dead-inside
 
You employer cannot withdraw it now since you have received a green card (based on that I-140 I presume). USCIS can initiate action only if there is fraud involved on part of the employer or employee.

There are laws that protect you from employer abuse. If employer owes you money or has benched you without pay, you should file a complaint with DOL. Let him know that you are not intimidated by his tactics. Document all conversations you had with him and maintain records. If he does not pay you contact a lawyer and send him a notice. Keep copies of your time sheets also. He is supposed to pay you whether he has a project for you or not.

Are you are a salaried employee, and not a contractor or on hourly wages? Check your employment agreement carefully.
 
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nkm-oct23 said:
You employer cannot withdraw it now since you have received a green card (based on that I-140 I presume). USCIS can initiate action only if there is fraud involved on part of the employer or employee.

There are laws that protect you from employer abuse. If employer owes you money or has benched you without pay, you should file a complaint with DOL. Let him know that you are not intimidated by his tactics. Document all conversations you had with him and maintain records. If he does not pay you contact a lawyer and send him a notice. Keep copies of your time sheets also. He is supposed to pay you whether he has a project for you or not.

Are you are a salaried employee, and not a contractor or on hourly wages? Check your employment agreement carefully.
Click to expand...

sir thank you for the support and taking time out to respond...
yeah so i am a contract worker...they paid me based on the # of hours...so im an hourly worker...if i have a project ..then i get paid..no project...no money on bench.....employment letter only said...i would get 80% of the billing rate....


so if he does cancel i140....does uscis send me a notice say that your employer has send an i140 widhdrawl notice?
we will strart fraud investigation? etc etc? or simply they ignore it?
how does it work out?

i havent slept in a week..my mind just keeps getting thoughts at night....
 
Your employer CANNOT cancel youir I-140 now. You now possess the actual green cards for you and your family, correct?

For getting you a green card your employer should have obtained a labor certification for a full time regular job and as part of your I-485, should have given you a written notarized committment letter to offer you this job at the salary mentioned in your Labor Certification. Do you have copies of these documents? What category did you get the green card Eb2/Eb3?

Do you truly and honestly meet the requirements of the job described in Labor Certification? Was there any padding of your qualifications and/or work experience by you or your employer? Are there any other reasons for you to be apprehensive of this whole situation?
 
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nkm-oct23 said:
Your employer CANNOT cancel youir I-140 now. You now possess the actual green cards for you and your family, correct?

For getting you a green card your employer should have obtained a labor certification for a full time regular job and as part of your I-485, should have given you a written notarized committment letter to offer you this job at the salary mentioned in your Labor Certification. Do you have copies of these documents? What category did you get the green card Eb2/Eb3?

Do you truly and honestly meet the requirements of the job described in Labor Certification? Was there any padding of your qualifications and/or work experience by you or your employer? Are there any other reasons for you to be apprehensive of this whole situation?
Click to expand...


Yes I have it with me with right now.
Yes I got the labor certification,but i dont have those documents.
I *THINK* I got the GC in EB2, i had a previous EB3 pending and the lawyer did a refiling in eb2 and the lawyer did an interfiling to port priority date.
My priority date was EB3's priority date which was march 2007 on the new i140.
The new PD from labor filed by the current employer is august 2012.

yes nothing was padded....i have masters and 7-71/2 years experience...NO FAKE NOTHING
no other reasons but i was on bench for some time as i was only looking in 1 particular city...so i had to be jobless for quite sometime....

he said he is firing me because i didnt do enough hours.
I *think* 40 hour rule applies to folks on H1B...I joined this employer on EAD...so i dont think 40 hour rule applies to me.

what do you think?
 
Does your employer has a full time (not contracting) position available for you and do you have a letter from him stating so? That letter is something you should have submitted for I-485.

You have NOTHING to worry about. He cannot withdraw your I-140. Even if he sends a letter, USCIS will do nothing about it since that petition has already been approved and a green card been issued under that petition. Rest assured, you are in good shape.

Now focus on finding another job.
 
If he joined the company and claimed AC21 portability, the employer cannot do ANYTHING to the I-140, since the employer is not a party to that petition.
 
nkm-oct23 said:
It was not clear from OP's posts if he indeed was using AC21 portability.
Click to expand...

I actually did file AC21 long before i came to this New employer and joined him on EAD.
I filed AC21 when my april 2010 in (i485 in EB3)
I joined this clown-company in April 2011.
 
deadinside said:
I actually did file AC21 long before i came to this New employer and joined him on EAD.
I filed AC21 when my april 2010 in (i485 in EB3)
I joined this clown-company in April 2011.
Click to expand...

You have absolutely nothing to worry about. How do you think this clown company can cancel your previous I-140??
 
Did you send an AC21 letter to USCIS when you started this job? And you did not get paid for those 6 months on bench? It still doesn't matter, they still cannot cancel your approved I-140.

You have not answered one important question. Did you obtain and submit a letter from this employer to USCIS to support the previous I-140?
 
i thought you only send one and only one AC21...which is did and and thats when i switched from my first company-1 that filed my EB3 to Company-M....worked woth company-M for like 12 months on EAD.
After company M I joined company-c........................company-c being the clown company that wants withdraw my i140.
Thats it 1 only have had 3 employers.

yes so i worked like 8-9 months then project ended.....was on bench...looking for projects in my city...so yeah no pay...


You know what I dont really know if there was a letter from this employer to USCIS to support the previous I-140 submitted.......is this done during the filing of the new i140(eb2)??

because what docs were sent , i dont know , all that was done by the Lawyer....
So what does this letter say?
how can i effect me negatively?

the new i140 had the previous eb3's PD....does this help?? no?
thank you so much
 
You have not provided facts in a clear and consistent manner. This is my understanding of the sequence of events:

1) Company -1 filed I-140 under EB3 which got approved and you filed I-485, got EAD.

2) You left company-1 to join company M, sent a AC21 letter to USCIS, worked with company M for 12 months on EAD.

3) Then you left company M, joined company C also on EAD, worked for 8-9 months, then were placed on bench without pay for lack of projects.

It seems like the letter of support for I-485 should have come from company-1. Then you invoked AC21 to seek a position with a different employer M, correct?

You then switched again to employer C. and worked on EAD until your job was terminated. A few days before termination you received your green card.

What is the I-140 eb2 you mentioned? Who else filed I-140 for you? Did you file another I-485 with the second I-140?
 
I-140 status using case number

Hi,

I am not sure how to create a own thread and hence posting here. Can someone help me how to know the status of my i140 using the case number. I think the case number is different from the receipt number. I saw in google that the receipt number is 13 digits but i only have the case number which starts with A followed by 10 digits.

Is there someplace in the uscis where i can check the status or should i have the receipt number also from the employer? will the receipt number be the same as my H1 application or is this something different?
 
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How many days does it take to get the prevailing wage approved for green process . please help..thank you
 
So here you go...
1) Company -1 filed I-140 under EB3 which got approved and you filed I-485, got EAD....CORRECT

2) You left company-1 to join company M, sent a AC21 letter to USCIS, worked with company M for 12 months on EAD.....CORRECT

3) Then you left company M, joined company C also on EAD, worked for 8-9 months, then were placed on bench without pay for lack of projects. ....CORRECT

It seems like the letter of support for I-485 should have come from company-1....MMMMMM IM CONFUSED/LOST HERE....

Then you invoked AC21 to seek a position with a different employer M, correct?AC21.....YES YES CORRECT.....WHEN SENDING AC21 I ALSO INCLUDED JOB OFFER LETTER FROM COMPANY-M....


You then switched again to employer C. and worked on EAD until your job was terminated. A few days before termination you received your green card.....CORRECT.............


What is the I-140 eb2 you mentioned? Who else filed I-140 for you? Did you file another I-485 with the second I-140?
COMPANY-C FILED FOR EB2 I140 ...NO THEY DID NOT FILE AGAIN FOR I485..THEY DID INTERFILING...USE PREVIOUS I485...
PORTED EB3 PD TO EB2 .....


IM lost on the letter of support part....

what do you sense in my case? any intricacies that could damage me???
I THANK YOU FOR YOUR HELP AND SUPPORT !
 
I don't understand, why did company C file for another I-140 when you had a pending I-485? That is taking a step backwards and I am not sure if you can use the PD associated with the I-140 of company 1 (for which you had a pending I-485) again for a second I-140.

When you filed I-485 with approved I-140 from company 1, along with it you should have filed a letter of support from the company 1 (whose I-140 you were using). Did company 1 provide you with a letter in support of your I-485?

The normal process is:
Employer files I-140, it gets approved, the PD becomes current and you being the beneficiary of I-140 petition apply I-485 with approved I-140 notice and letter of employment from I-140 petitioning employer.

Once I-485 is pending for over 180 days, you can "port" your I-485 using AC21 and obtain an employment support from a different employer with similar job description. Read more about AC21 at:

http://www.cilawgroup.com/news/2012...485-portability-to-a-new-employer-under-ac21/
 
nkm-oct23 said:
I don't understand, why did company C file for another I-140 when you had a pending I-485? That is taking a step backwards and I am not sure if you can use the PD associated with the I-140 of company 1 (for which you had a pending I-485) again for a second I-140.

When you filed I-485 with approved I-140 from company 1, along with it you should have filed a letter of support from the company 1 (whose I-140 you were using). Did company 1 provide you with a letter in support of your I-485?

The normal process is:
Employer files I-140, it gets approved, the PD becomes current and you being the beneficiary of I-140 petition apply I-485 with approved I-140 notice and letter of employment from I-140 petitioning employer.

Once I-485 is pending for over 180 days, you can "port" your I-485 using AC21 and obtain an employment support from a different employer with similar job description. Read more about AC21 at:

http://www.cilawgroup.com/news/2012...485-portability-to-a-new-employer-under-ac21/
Click to expand...

So in current scenario im unsafe and vulnerable?
 
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