AC21 applying is good ???(company A is revoking I140

V

vallabaneni

Registered Users (C)
Hi Gurus,

Company A applied for my GC 5 years back still working for that.
I 140 Approved in 2004. i 140 and i 485 Concurrent filling
I got a good permanent offer in Company B . Company A is threatening with revoking of LC and I140. The day I resign the company B.

Please guide me to right direction.

I saw the thread that you can apply AC21 but if they revoke before they approve my AC21 Does it have any effect on my pending 1485 cases ( my spouse is working in EAD ( No H1 validity )

After revoking my i140 and LC company can use for some one else or not if they use like that does it effect my case

I would really appreciate all the help –please help us ..

Here is the details .
LC 30/9/2002 ..EB3 INDIA
140 Approved 8/11/04
I 485 – still pending.
 
vallabaneni said:
I saw the thread that you can apply AC21 but if they revoke before they approve my AC21 Does it have any effect on my pending 1485 cases ( my spouse is working in EAD ( No H1 validity )
Click to expand...

When your former employer withdraws the I-140, USCIS will send you a Notice of Intent to Deny on your I-485. Provide evidence of the new job (employer letter and paystubs if you have them) and you should be fine.

The only thing to be careful of is that you only have 30 days to respond to the NOID. Ensure your attorney reacts quickly.
 
vallabaneni said:
Hi Gurus,

Company A applied for my GC 5 years back still working for that.
I 140 Approved in 2004. i 140 and i 485 Concurrent filling
I got a good permanent offer in Company B . Company A is threatening with revoking of LC and I140. The day I resign the company B.

Please guide me to right direction.

I saw the thread that you can apply AC21 but if they revoke before they approve my AC21 Does it have any effect on my pending 1485 cases ( my spouse is working in EAD ( No H1 validity )
----------------------if your I-485 is pending more then 180 days then you are protected by AC21 you can file AC21 when join new company.
After revoking my i140 and LC company can use for some one else or not if they use like that does it effect my case
------------------now they cant use LC for other person. LC substition is eliminated.
Read
http://www.ilw.com/immigdaily/news/2007,0517-substitution.pdf

I would really appreciate all the help –please help us ..

Here is the details .
LC 30/9/2002 ..EB3 INDIA
140 Approved 8/11/04
I 485 – still pending.
Click to expand...

----------------------
 
Thanks for all the Help friends and gurus .

I did spoke to compnay A again .. they are telling me that it is manditory to revoke I140 after employee left ( i do not believe ) is it true may be looks like they want some money to keep it.

do u guys suggest to bargain with them ..how much do u guys think is worth ..since my PD is sep 2002 under EB3 looks like those are current now.
 
vallabaneni said:
Thanks for all the Help friends and gurus .

I did spoke to compnay A again .. they are telling me that it is manditory to revoke I140 after employee left
---------------Not manditory
( i do not believe ) is it true
----no
may be looks like they want some money to keep it.
---------------- Why they keep money??? if your I-140 is approved and I-485 pending more than 180 days then file AC21
do u guys suggest to bargain with them ..how much do u guys think is worth ..since my PD is sep 2002 under EB3 looks like those are current now.
Click to expand...

I will file AC21 and will not worry if they revoke I-140 or not and will NOT pay them anything
 
This post reminds me of my old employer. They too, threated to revoke I-140 when I left after working for them for 6 years. Caused me a lot of stress!:mad:

Ginnu and Real Canadian - Is there anything that the employer possibly gain by "requesting the withdrawal" of the already approved I-140? Or is there any disadvantage in not revoking it?
 
splendini said:
This post reminds me of my old employer. They too, threated to revoke I-140 when I left after working for them for 6 years. Caused me a lot of stress!:mad:

Ginnu and Real Canadian - Is there anything that the employer possibly gain by "requesting the withdrawal" of the already approved I-140?
---------------Earlier they used to revoke I-140 so that they can file I-140 for other candidate with LC substitution now the LC substitution is no more:
http://www.ilw.com/immigdaily/news/2007,0517-substitution.pdf
Or
is there any disadvantage in not revoking it?
-----------No
Click to expand...
------------------
 
Thanks a lot friends it give me lot of relief to me I am in lot of stress! With this ..After working with them for 5 years they still want to suck our blood till the last drop.
 
vallabaneni said:
Thanks a lot friends it give me lot of relief to me I am in lot of stress! With this ..After working with them for 5 years they still want to suck our blood till the last drop.
---------dont allow them to suck your blood
Click to expand...

Why you are discussing your move with present employer and discussing if they will revoke I-140 or not. You should ask new employer if he is ready to give you permanent job offer letter to invoke AC21, if he says YES then move. Better join new employer with H1 transfer if you are on H1 status and join once H1 Transfer petition reach USCIS or get receipt. Don’t discuss anything related to your move with present employer or present company lawyer.
 
Thanks a lot friends .. I got the new H1 Approval and AC21 reached to USCIS ..according to the new company lawyer . they will not send any confirmation that they attached ac21 to my case only to keep the Fed Ex tracking number.. .. I am really appreciate the help and support you gave me .. once again thanks a lot .
 
vallabaneni said:
Thanks a lot friends ..
I got the new H1 Approval
-------------do you mean H1 transfer Approval filed by new company
and AC21 reached to USCIS ..according to the new company lawyer . they will not send any confirmation that they attached ac21 to my case only to keep the Fed Ex tracking number.. ..
---lawyer is correct they dont send any info for AC21 papers if attached with Pending I-485.

I am really appreciate the help and support you gave me .. once again thanks a lot .
Click to expand...

Good Luck!!
 
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