140 approved, can i use AC21

[chintamani1]

Hi All, my 140 got approved yesterday and my 485 is pending for more than 180 days now which was filed concurrently from Company A. I have not completed my 6yrs on H1. Can i use AC-21 to go to another company B with an H1 transfer without using EAD so that in the event that my 485 gets denied by any chance i would still have valid status. Also can Company A revoke my 140 if they want to as my realtionship with them is not very good. Please advice......

 

[ginnu]

Hi All, my 140 got approved yesterday and my 485 is pending for more than 180 days now which was filed concurrently from Company A.
----- you are eligible to use AC21 if you find same/similar future permanent job offer
I have not completed my 6yrs on H1. Can i use AC-21 to go to another company B with an H1 transfer without using EAD
------ file H1 transfer through B based on pending I-485 and once you get the H1 transfer filing reciept join B after working with B for 2-3 months better send AC21 letter to USCIS with recent 2-3 pay stubs from B becase if USCIS send RFE later they ask long list of documents
so that in the event that my 485 gets denied by any chance i would still have valid status.
--- you are correct maintain H1 status
Also can Company A revoke my 140 if they want to as my realtionship with them is not very good. Please advice......
---- your I-140 is approved and I-485 is pending more than 180 days if employer A sends letter to revoke the I-140 then USCIS is not going to revoke the I-140

 

[chintamani1]

Thanks a lot Ginnu.

 

[fast_gc_seeker]

---- your I-140 is approved and I-485 is pending more than 180 days if employer A sends letter to revoke the I-140 then USCIS is not going to revoke the I-140

Ginnu, there have been lots of discussions on this. I would like
to know the actual law. Here is my question....

1) Can the employer revoke approved 140 after 180 days of 485?
2) If answer to above is yes then is NOID of 485 the only way for
GC candidate to know that 140 is revoked?
3) If answer to question 1 is yes will online status of the approved 140 case change from approved to revoked?

 

[truenblue]

Ginnu, there have been lots of discussions on this. I would like
to know the actual law. Here is my question....

1) Can the employer revoke approved 140 after 180 days of 485?
?

As far I know from these forums, employer can always withdraw a pending I-140 or can request CIS for revocation of already approved I-140 because it belongs to the employer.

Now how it is going to hurt pending I-485, if I-485 if pendining for more than 180 days and I-140 is approved and you have already used AC21 (changed job) then revoking I-140 would not effect your case (Pending I-485). If you have not already informed CIS about change of job using AC21 then they will send you NOID, then in this case send proper docs related to AC21 to CIS asap and you will be allright.
Key point is you have to be on a similar kind of job and not to switch job before I-140 is approved

 

[ginnu]

Ginnu, there have been lots of discussions on this. I would like
to know the actual law. Here is my question....

1) Can the employer revoke approved 140 after 180 days of 485?

----- employer can send letter to revoke approved I-140 any time but if your I-140 is approved and I-485 is pending more than 180 days then USCIS is not going to revoke the I-140 if you find Same/Similar job and use AC21, I prefer to update USCIS
read the MEMO:
http://www.bcis.com/images/yates.memo.8.4.03.pdf
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0818-I140.pdf
http://www.murthy.com/news/UDportme.html

2) If answer to above is yes then is NOID of 485 the only way for
GC candidate to know that 140 is revoked?
---- if you update they may not send NOID becase they have update on case and if any other problem they can send NOID or RFE
3) If answer to question 1 is yes will online status of the approved 140 case change from approved to revoked?
---- If they Revoke I-140 then the online message will change
( I have seen many cases that online shows approved or Revoked you will only know if they send RFe or NOID, same online status in 7-8 months back was showing that I-485 will be approved in 30 days, online can be wrong many times)

 

[fast_gc_seeker]

Thanks Ginnu. It makes sense to me now.

Here is bottomline:

I-140 can be revoked anytime by its petitioner but the beneficiary
is safe only if he/she is past 180 days from RD of I-485. Also
if u change jobs do inform USCIS with proper usage of AC-21
ASAP.

 

[ginnu]

Thanks Ginnu. It makes sense to me now.

Here is bottomline:

I-140 can be revoked anytime( request to Revoke can be made any time by employer) by its petitioner but
the beneficiary
is safe only if he/she is past 180 days from RD of I-485 and I-485 pending more than 180 days and finds same /similar job offer. Also
if u change jobs do inform USCIS with proper usage of AC-21ASAP


---yes ,so that USCIS knows that you want to invoke AC21


.