AC21 - Approved 140

T

Tiger3260

Registered Users (C)
Folks,

My 140 has been approved and I already have my 485 pending for more than 180 days . I am planning to use my the AC21 rule to change my job . The question that I have is that, Can the employer at any time and for any reason revoke my approved 140 and Labor ? .

I understand that both the 140 and the Labor forms are Employer’s and that the 485 is our application.

Could you folks please share your thoughts on this ?
 
Tiger3260 said:
Folks,

My 140 has been approved and I already have my 485 pending for more than 180 days . I am planning to use my the AC21 rule to change my job . The question that I have is that, Can the employer at any time and for any reason revoke my approved 140 and Labor ? .

I understand that both the 140 and the Labor forms are Employer’s and that the 485 is our application.

Could you folks please share your thoughts on this ?
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Your I-140 has been approved AND your I-485 is pending more than 180 days. You are eligible to use AC21. Your past employer cannot revoke the I-140 or LC, no need to worry. Find new job offer in SAME job duties are skills and update USCIS to use AC21, send new employer future Permanent job offer letter with same job title and skills as on approved LC (form ETA750A) to USCIS with your copy of I-485 filing receipt.
****Clear with new employer that you will need future permanent job offer letter with same job title and same skills/job duties as on approved LC and may be also Company financial documents to show that company can pay the wages.
*** From past employer or lawyer get your I-485 filing receipt, Copy of I-140 approval or I-140 filing receipt and copy of approved LC (particularly form ETA750A) if the don’t give use FOIA
**if you move update your new address on pending I-485 with service center, you can hire your lawyer fill up Form G28 with him and he will represent you and if any RFE for your I-485 then it will come to your lawyer.
* if possible join new employer with H1 Transfer that is in your intrest
 
To Ginnu

Thanks for your valuable inputs ginnu,

But I do have some questions for you ,

1. I am planning on using the same lawyer .. I am assuming that it is ok .. Do you see any issues with this ?

2. Also why do you suggest that I use my H1 as suppose to my EAD ?

3. Also , I understand that you might not be able to answer this question but I wanted to know why you say that an employer will not be able to revoke the LC or the 140 .

Your help is much appreciated,
Thanks
 
Tiger3260 said:
Thanks for your valuable inputs ginnu,

But I do have some questions for you ,

1. I am planning on using the same lawyer .. I am assuming that it is ok .. Do you see any issues with this ?
---that is upto you, becase past company lawyer may not help you for your AC21, if he agreess it is ok
2. Also why do you suggest that I use my H1 as suppose to my EAD ?
---becase if anything goes wrong with I-485 still you will have your H1 status
3. Also , I understand that you might not be able to answer this question but I wanted to know why you say that an employer will not be able to revoke the LC or the 140 .
---becase it is clearly written in August 2003 latest USCIS MEMO
Your help is much appreciated,
Thanks
Click to expand...
 
AC21 Memo

Thanks . Could you please give me the link and also let me know where exactly it says this , I tried looking at the document but for some reason did not find that statement which says that the previous employer will not be able to revoke .... etc

You have been really helpful . Thanks
 
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