AC-21 / revoke I-140 ???

P

Positive4GC

Registered Users (C)
Hi gurus,
I'm about to join a new company. My I-140 is approved with I-485 pending for more than 180 days. My employer is threatening ( rather saying, by law he has to cancel the I-140 after an employee leaves the company). If he does it before I file my AC-21, am I in big trouble. In any case I'm planning to get in touch with a good attorney and file my AC21 asap.

Please let me know of any good lawyers who could help me further in my case.

thanks.
 
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I personally talked to Rajiv on AC21 and he seems to be knowledgeable and responsive. Just get his phone# and call him ?

Positive4GC said:
Hi gurus,
I'm about to join a new company. My I-140 is approved with I-485 pending for more than 180 days. My employer is threatening ( rather saying, by law he has to cancel the I-140 after an employee leaves the company). If he does it before I file my AC-21, am I in big trouble. In any case I'm planning to get in touch with a good attorney and file my AC21 asap.

Please let me know of any good lawyers who could be help me further in my case.

thanks.
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Positive4GC said:
Hi gurus,
I'm about to join a new company.
My I-140 is approved with I-485 pending for more than 180 days.
My employer is threatening ( rather saying, by law he has to cancel the I-140 after an employee leaves the company).
---------------No law says employer need to cancel I-140. I-140 can be filed by A and you may be working with B at that time. let him do that what he wants to do. you are eligible for AC21. nothing to worry and dont listen to him
If he does it before I file my AC-21, am I in big trouble.
------------not a problem, you can invoke AC21 anytime before I-485 approval. your PD is 2004 and they are not going to approve I-485 immidiatly.

In any case I'm planning to get in touch with a good attorney and file my AC21 asap.

Please let me know of any good lawyers who could be help me further in my case.

thanks.
Click to expand...
 
Positive4GC said:
Hi gurus,
I'm about to join a new company. My I-140 is approved with I-485 pending for more than 180 days. My employer is threatening ( rather saying, by law he has to cancel the I-140 after an employee leaves the company). If he does it before I file my AC-21, am I in big trouble. In any case I'm planning to get in touch with a good attorney and file my AC21 asap.

Please let me know of any good lawyers who could help me further in my case.

thanks.
Click to expand...

You are safe .. no doubt. Basically there is NO NEED for you to send any letter at this time to USCIS. AC21 Law will protect you till the end of your GC Process.

However, If you really really need to need to send a letter to USCIS ... type it yourself ... include Ac21 law in the text and explain how you become eledgile to use AC21 .. SAVE $$$$$ .. The Lawyer is going to do the same nothing more - i guarantee that.
 
Right now, I think he is trying to stop from going by saying that he would revoke I-140.

For me it looks like he would revoke I140 anyway once you leave him. Typical reasons are
1. Reuse the labor.
2. Teach a lesson to others.
3. Make more money by selling the labor.

He can do 1 and 3 even when you are working through him hereafter. Even if he files I-140 revocation now you still have time to do AC21 before that.

http://www.murthy.com/news/ukac21.html

For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail.
..........

You can ask AC21 law experts like Murthy or Rajiv Khanna through paid consultation first.
 
Is it true ?

What UN is saying is shocking :eek: . Does USCIS proactively ask a company to withdraw 140 on the basis that the 485 applicant left the company ? Has anyone else heard of it?
Ginnu/Cheeko/RealCanadian experts pls comment...


unitednations said:
Be careful of looking at old postings from murthy. She doesn't update the old postings as things change.

USCIS doesn't count the 180 days from the date they process the request; but rather the day they receive the request.

Regarding employer revoking 140. There is nothing in the law that requires it. However, in queries uscis is making they are asking companies to withdraw/revoke 140's if there isn't ability to pay or if person has left the company.
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PD from earlier 140

What about priority dates being mine forever if 140 is approved? If employer cancels the 140, does it still stand?
 
TheRealCanadian,

Did you posting immigration-law.com today.
In one of the bullet point it sayd foll :

n If the original I-140 petition with the labor certification has been sent by the service center to a district office or suboffice, the adjudicator should contact that office and request that the petition be returned to the service center for revocation. Upon receipt and revocation of the original I-140 petition, the new I- 140 petition can be adjudicated. If the original labor certification beneficiary applied for adjustment of status based on the original I-140 petition, upon revocation of the original I-140 petition, the application for adjustment of status should be denied.

Does this mean anything is changing on how TheY LOOk at 140 revokation/withdrawals ?
Please let us know.
 
So in simple terms, if someone changes job after 485 pending for more than 180 days + 140 approved and if employer revokes 140, would AC21 protection apply or not?

unitednations said:
I worked on a case where uscis was trying to revoke all approved I-140's and deny pending 140's. Total of 64 cases. Some approved as far back as 2003.

In our response we had to show every employee, start date, priority date, amounts paid, amount to be paid, difference by employee and as a whole.

For those employees who had left; we didn't ask for revocation since we had enough numbers bu we had to explain why they didn't have any current salary.

USCiS on their own then revokd the 140's for those people. What uscis did wasn't legally correct (employer has to specifically ask for revocation) or USCIS has to make a finding that it was approed in error.
Employer didn't ask for revocation and there was no finding that it wasn't approved in error.
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In simple terms AC21 should protect us if a former employer revokes I-140, refere to Yates Memo August 4th 2003.

But what UN saying is INS has the final right to check on I-140s. This is also mentioned in
http://www.murthy.com/news/n_lcsubs.html

it says ,

It is always best to know your employer's reputation and to choose carefully. Even if every aspect of one's case is legitimate, problems can arise if the employer has been engaged in fraud. The USCIS can challenge I-140 filings if the company has filed more cases than it can support. Thus, even if one's case is genuine, it can encounter problems if the employer has filed others that may not be bona fide. Employers must show that they can pay the prevailing wage for the job offered. The USCIS sometimes asks for proof pertaining to all pending cases, not just a single case. If the company has offered more jobs than there are funds to support, all of the cases could run into problems.

This is something like what UN had encountered in his personal experience.
 
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Good explanation indian gc ocean.

indian_gc_ocean said:
In simple terms AC21 should protect us if a former employer revokes I-140, refere to Yates Memo August 4th 2003.

But what UN saying is INS has the final right to check on I-140s. This is also mentioned in
http://www.murthy.com/news/n_lcsubs.html

it says ,

It is always best to know your employer's reputation and to choose carefully. Even if every aspect of one's case is legitimate, problems can arise if the employer has been engaged in fraud. The USCIS can challenge I-140 filings if the company has filed more cases than it can support. Thus, even if one's case is genuine, it can encounter problems if the employer has filed others that may not be bona fide. Employers must show that they can pay the prevailing wage for the job offered. The USCIS sometimes asks for proof pertaining to all pending cases, not just a single case. If the company has offered more jobs than there are funds to support, all of the cases could run into problems.

This is something like what UN had encountered in his personal experience.
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