140 revoked and 485 pending ...

A

applevalley

Registered Users (C)
Hello Gurus, I need your input and experiences.
My 140 was approved in June 2003. (ND Nov 2002 with labor substituion).
485 ND - jan28 and RD - Feb4. I did my 2nd FP Oct 6th.
I am sure my employer will send a 140 revocation after the conversations we had recently. I used AC21 even though i didnt send any letter to date to CIS in sep2003 after 7 months of 485 rd to join a different company. My salary is higher and roles and responsibilities are same. In case if my employer has already sent 140 revocation request last week and if i can send AC21 letter with paysubs, EVL etc right away what are the chances here. What would be the worst possible case. Please do post your experiences and ideas.
What additional documentation i may need to send to support my case.
Thanks
 
You are safe under the AC21. You can send the required documents (letter from current employer depicting the nature of job etc. - Check AC21 forum for the required documents to be sent) now.
In any case, you need to gather all the required documents.
The worst case scenario is that you might get a NOID which will give you a month to respond. You can send in the documents supporting your case under AC21.

Good luck.
 
applevalley said:
Hello Gurus, I need your input and experiences.
My 140 was approved in June 2003. (ND Nov 2002 with labor substituion).
485 ND - jan28 and RD - Feb4. I did my 2nd FP Oct 6th.
I am sure my employer will send a 140 revocation after the conversations we had recently. I used AC21 even though i didnt send any letter to date to CIS in sep2003 after 7 months of 485 rd to join a different company. My salary is higher and roles and responsibilities are same. In case if my employer has already sent 140 revocation request last week and if i can send AC21 letter with paysubs, EVL etc right away what are the chances here. What would be the worst possible case. Please do post your experiences and ideas.
What additional documentation i may need to send to support my case.
Thanks
Click to expand...

since ur 140 is approved and ur 485 is pending for more than
180 days, u r safe.

There is no time limit set for sending AC-21. U can send it
even now. send ur new employers offer letter stating job duties and
recent pay stubs with ur AC-21. U can also send copy of 485 receipt
if u have it else it not necessary.
 
In addition to the above. Your employer can not revoke an I140 if more than six months have elapsed since its approval. Good luck. :)
 
peeved said:
In addition to the above. Your employer can not revoke an I140 if more than six months have elapsed since its approval. Good luck. :)
Click to expand...

What is the usual nature of these cases. Do i get a NOID if my ac21 is not sent on time, once i came to know that 140 revocation request was sent.
What other possibilities can happen. i saw some posts where they received letters stating that they cannot appeal a case. When whould those happen.
Also once a NOID is received how long will i have to go out of the country since i am on EAD right now. Do i need to move out of country?.

Even my second EAD was applied by my new company with their financial data and supporting documents.

Why do employers waste their resources(money and time) if they know they cannot do any thing after 180 days concept.

Thanks
 
In addition, just to rub it in, u can ask ur old employer to kiss ur royal a@@ if he still wants to revoke ur 140.....


applevalley said:
What is the usual nature of these cases. Do i get a NOID if my ac21 is not sent on time, once i came to know that 140 revocation request was sent.
What other possibilities can happen. i saw some posts where they received letters stating that they cannot appeal a case. When whould those happen.
Also once a NOID is received how long will i have to go out of the country since i am on EAD right now. Do i need to move out of country?.

Even my second EAD was applied by my new company with their financial data and supporting documents.

Why do employers waste their resources(money and time) if they know they cannot do any thing after 180 days concept.

Thanks
Click to expand...
 
Employers are like that when they are really pissed off..Any employee cannot do with it. So just get all the papers ready....

GlenMD
 
AppleValley

1, YOU ARE SAFE .. you employer can not do jack S&^% to harm your GC application.
2, YOU DO NOT NEED TO INFORM USCIS ABOUT AC21 .. Why wud you want to do that ? You should ONLY provide USCIS what they ask you to provide them with. You do not want to give any "ideas" to the adjudicating officer. If they need further information, then only, tell them. In most cases they get approved even without mentioning AC21.
3, salary do not matter. Same Title + Same Job Description ... thats also when asked by USCIS.

Stay Calm and sleep tight .... I can help you get material to support my statements if you insist ;)
 
Thanks Guys for your support and suggestions.
My lawyer wants to get prepared with docs and be ready in case some thing comes back an RFE or NOID.
And then he changed his mind and wants to send with details(EVL, AC21 applicability, pay checks , W2 for 2003 etc) that i am with a new employer using AC21.
Other wise if they send NOID it will take atleast 4 - 8 weeks for things to move agian and i cant work in that time. It may jepordise the whole thing.

Please post your commnets on this approach. Is it safer to send some thing since i am sure revocation letter was sent.

Also my designations are different , but role/responsibility are same. Does responsibility include the tools /languages mentioned in labor certification?

thanks again
 
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