AC21, 180 days rule question...!

I

ind76

Registered Users (C)
Hi Friends,

Does the GC sponsoring employer has any control over the adjudication of the 485 application after completing the 180 days since it was applied...? I mean, after 180 days have passed, if we take up the employment from some other company, can the sponsoring employer revoke the approved 140 on which 485 was based on...?

I am in this situation, any answer to the above question is greatly appreciated...This site is very helpful...

Thanks gurus,
ind76
 
There is a yahoo group just for this

http://groups.yahoo.com/group/180days

Hope you will get that information here. I-140 revocation is an issue that has not specifically been adressed in AC21 regulations, but if you read the actual wording of the law, it says that Labour certification and I-140 remains valid, if two conditions are met.
1. I-485 is pending for 180 days after filing date ( I this this is RD)
2. New Job is in same or similar field.

So if the employer could revoke I-140 would it not go against this law? Well, this is my reasoning but do consult a lawyer before taling any decision.

Hope this helps, Fellow
 
EAD or not ?

My employer is filing for I1485 for me, but they will not apply my EAD since I have plenty of time left on H1. Hence will AC21 rule apply on me post 180 days of RD ?
 
You can file your own EAD

A lot of GC sponsoring companies do not file for employee\'s EAD.
However, once you get your receipt, you can download form I765 and file your own EAD..
 
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