Ac21 - 140

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mnl_gcquest

Registered Users (C)
My I-140 has been approved and it has been >180 after 485 filing and I am thinking of changing my employeer.

I have recently seen posting on different forms that the sponsering employer has revoked 140 and so employee's GC has been denied.

This puts me doubt and dont know what should i do. My case was filed in June 2003. It will be atleat another year before INS starts processing 2003 cases. And if i stay with the employer then I have to be with them another year or six month after approval of GC. So another 2 years..

According to AC21 act, INS cannot revoke approved I-140 but I have read few cases where I-140 has been revoked. What should i do to avoid this. ? Please advise - Thanks
 
My I-140 has been approved and it has been >180 after 485 filing and I am thinking of changing my employer.
---- If I-140 approved AND I-485 pending more than 180 days and you find a job and new employer is ready to give you letter for future permanent job offer then you are eligible for AC21
I have recently seen posting on different forms that the sponsoring employer has revoked 140 and so employee's GC has been denied.
----- if I-140 is approved AND I-485 pending more than 180 days then the past employer can not revoke the I-140 even if he sends letter to revoke USCIS is not going to revoke it. Read the AC21 August 2003 Memo
This puts me doubt and don’t know what should I do. My case was filed in June 2003. It will be atleat another year before INS starts processing 2003 cases. And if i stay with the employer then I have to be with them another year or six month after approval of GC. So another 2 years..

According to AC21 act, INS cannot revoke approved I-140 but I have read few cases where I-140 has been revoked.
----- That might have been revoked before I-485 did not hit 180 days. Give us the link where did you read that I-140 was revoked after approval and I-485 pending more than 180 days.
Meet a good lawyer and explain your situation, as you have not posted complete details of your case
 
Thanks Ginnu.

My Case details,
I-140 approved August 2003
EAD received
NO figure printing yet..
485 filed on June 10, 2003


Please go to the www.murthy.com -> murthy form - AC21 Portability. There are 2 cases where the employer has requested to revoke I-140 and the GC has been denied.



Thanks
 
If 140 gets revoked- 485 will almost automatically get denied.

However- 140 can be revoked only if 140 is not yet approved and/or 485 is pending less than 180 days. The 485 pending date is counted from the RD of 485 (not ND).
There is some controversy what is the timeline for employer request- is the date the employer requests revocation or the date BCIS acts on it. The current BCIS policy is- the date the employer requests the revocation. So in other words if an employer request 140 revocation before 180 days of 485 RD- BCIS will automatically revoke 140. BCIS is not entertaining requests for MRR(Motions to Reopen and Reconsider) for these situations.

If the employer requests 140 revocation after 180 days of pending 485- it will lead to an RFE. The person can respond in 90 days with AC21 details. In this situation the employer's revocation attempt would fail.

HTH
:eek:
 
Thank you sb_tiger.

I got nervous becuase the two case on muthry forum got their gc denied even after meeting the AC21 requirement. (I140 approved and > 180days, same job description and salary"

My ND is 23 May 2003
My RD is June 10, 2003

I hope thier case is just a glitch. But for now they have been asked to leave the country ASAP.

- Thanks



Take a look at this message posted by the user "Urgent" under AC21.

Posted by the member "URGENT" under AC21 on murty fourm ..

"

I have received a notice of decision from USCIS stating that my application has been denied because of revocation of underlying I-140. It also says that I should immediately depart US.

Please let me know:

1) What is the timeline for filing the motion to reopen my case?
2) Am I out of status immediately or I can stay in US until my motion to reopen gets denied.
2) What are my options to work as I do not have valid H1-B with me. I have a valid EAD until Apr'05.

P.S. I had already filed for AC-21 as my I-485 was pending for almost a year. I filed my I-485 after I-140 approval.
"
 
Thanks Ginnu.

My Case details,
I-140 approved August 2003
EAD received
NO figure printing yet..
485 filed on June 10, 2003

------ you are eligible for AC21 you can change the employer
Please go to the www.murthy.com -> murthy form - AC21 Portability. There are 2 cases where the employer has requested to revoke I-140 and the GC has been denied.
---- That was before august 4 AC21 Memo or that person may have other concerns
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html
 
Thank you all for your information and support. One more question,

We all know the current market situation. Considering that, At the time of interview, should i mention, that I would be working on EAD and I will be needing their support for AC21.

( AC21 usually confuses the company would dont sponser gc and are very hesitant these days to even bring on H1Bs. )


I dont want to loose the hiring chance but at the same time i dont want them to think that i am keeping them in dark.

What do I do ?
 
We all know the current market situation. Considering that, At the time of interview, should I mention, that I would be working on EAD and I will be needing their support for AC21.
-- Do you mean the interview with new employer? If it is for job interview and you need to join new employer and want to use AC21. make it clear that you are ready to work on EAD or H1 transfer AND the new employer has to provide you letter for future permanent job offer as written on approved LC of past employer ( you will need that letter to use AC21 from new employer) if employer does not agree to give you that letter then better avoid that employer
( AC21 usually confuses the company would dont sponser gc and are very hesitant these days to even bring on H1Bs. )


I dont want to loose the hiring chance but at the same time I don’t want them to think that I am keeping them in dark.

What do I do ?
---------- Take the printout of AC21 memo with you. Inform them that you will use AC21 and will be ready to work with them permanently and for that they have to provide you the letter now or after few days to use AC21. Clear everything with the employer or look for other employer
 
ginnu,
what does 'letter for future permanent job offer' means ?

IS the offer letter or the appointment letter from the new employer which states the job descriptiona and the salary same as 'letter for future permanent job offer'.
thanks
 
It is future permanent job offer letter
This letter is addressed to USCIS and employer writes that XYZ is working with us and they intend to employ him/her on permanent basis after I-485 is approved. His/her job title is….. and his skills are …… (skills should be same as on past approved LC) and at present he is being paid..
read the AC21 MEMO and pick up the correct section
** Your lawyer can draft good AC21 letter and you also need to send a letter that you have changed the intent and would like to use AC21 and also attach copy of your I-485 receipt
*** you can find sample letter in I-485 FAQ thread
 
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