3months of 485, help needed to use ac21

T

testgccard

New Member
Hello,
Personal attorney filed 485 without employer notice 3months back.
employer found this, asking hefty money. if not given he says he will cancel 140.

I know, its not 180 days yet, and I can not use ac21 rule.

Please help me, is there no way which will help me by not paying money and also be safe with 140.
Help needed, please adice I appreciate it.
 
it's a fraud what you asking for... but hey, try to make an agreement with your employer... say you work for them for 6-12 mo, something like that... it's easy you cab do it... besides if you are subject to PD retrogression rule, you may have to wait anyway, so just make a deal and go with it, if you can...

GL.
 
yeah..GCG is right. Try to make truce with your employer. As long as I140 is not approved, your I485 will be in a soup. You shud've waited atleast 6 months when your I140 is still open.
 
testgccard said:
Hello,
Personal attorney filed 485 without employer notice 3months back.
employer found this, asking hefty money. if not given he says he will cancel 140.

I know, its not 180 days yet, and I can not use ac21 rule.

Please help me, is there no way which will help me by not paying money and also be safe with 140.
Help needed, please adice I appreciate it.
Click to expand...

I guess your statement is a little confusing and you did not say what you wanted to clearly!

If I interpret it correctly, you are still working for the same employer that sponsored your 140 application! right? And your employer did not file the 485 petition on your behalf and you did the same without informing him. The employer finds this out and is trying to extort some money!? If that is the case the employer should not do that! Legally the 485 petition is solely yours! So he should not blackmail you.

Having said that can he withdraw the 140 petition altogether? Yes, he can because that in your case it appears to be employer sponsored petition.

Can you use AC21? that is questionable because your 140 is not approved and 485 is not pending for 6 months! So most likely you cannot.

So the best alternative may be to put up with this crap for some more time and agree for a truce with your employer or try to strike some deal.
 
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