AC21 or not

G

GC process

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Hi Gurus,

I have a question regarding AC21 .I have applied my 140/485 concurrently and have 140 approved.485 filed more than 180 days. I want to use AC21 and change employer.But how do i know if my my employer has not revoked my 140.I have read somewhere that if ask the FOIA it delays my 485 process.So is there any way i can find out without delaying my 485 process.
Any help is highly appreciated.

Thanks
GC process
 
GC process said:
Hi Gurus,

I have a question regarding AC21 .I have applied my 140/485 concurrently and have 140 approved.485 filed more than 180 days. I want to use AC21 and change employer.But how do i know if my my employer has not revoked my 140.I have read somewhere that if ask the FOIA it delays my 485 process.So is there any way i can find out without delaying my 485 process.
Any help is highly appreciated.

Thanks
GC process
Click to expand...
its 140 approved and 485 is pending > 180 days then employer cannot revoke 140.

FOIA dosent delay pending 485. Thats just a thought many people have. There is no such evidence is this happening.
 
Thanks for replying

Also,

1. If I continue to remain with the GC sponsoring employer can he revoke my approved 140 (for whatever reason) after 180 days of filing my 485.

2. If he does revoke my 140 what are my options.

3.How do I know that he has not revoked before completing 180 days of 485 filing.

Thanks
GC process
 
GC process said:
Thanks for replying

Also,

1. If I continue to remain with the GC sponsoring employer can he revoke my approved 140 (for whatever reason) after 180 days of filing my 485.

2. If he does revoke my 140 what are my options.

3.How do I know that he has not revoked before completing 180 days of 485 filing.

Thanks
GC process
Click to expand...
like I said before by law "if 140 approved and 485 is pending > 180 days then employer cannot revoke 140"

u can check case status online or call cust service if u want to verify.
 
jijo_robert said:
Can you please let me know or give me a link of why and when one should file FOIA.

Thanks
Jijo
Click to expand...
u can use FOIA to get copies of approved LC and 140.....

FOIA - Freedom of Information Act which allows access to records which otherwise cannot be obtained from ur employer.
 
GC process said:
Thanks for replying

Also,

1. If I continue to remain with the GC sponsoring employer can he revoke my approved 140 (for whatever reason) after 180 days of filing my 485.

2. If he does revoke my 140 what are my options.

3.How do I know that he has not revoked before completing 180 days of 485 filing.

Thanks
GC process
Click to expand...

1. Yes
2. Switch jobs using AC21
3. You will be get a NOID (Notice of Intent to deny) on your I485 almost immidiately (withing a month of revoking I140).
 
Which of the following is correct to use AC21 considering it has been >180 since i-485 is applied and I-140 is Approved.

Would there be a genuine reason ( like laid off or company is closed or fired etc.) to quit the employer ?
OR
It can be used if employee want to change employer for personal reasons or just like that?


Thanks
-Greeny
 
Greeny said:
Which of the following is correct to use AC21 considering it has been >180 since i-485 is applied and I-140 is Approved.

Would there be a genuine reason ( like laid off or company is closed or fired etc.) to quit the employer ?
OR
It can be used if employee want to change employer for personal reasons or just like that?


Thanks
-Greeny
Click to expand...

No reasons are required to be assigned as long as job is same or similar. So if the employee thinks he would be better off in some other company, by all means go ahead !
 
Thank you adyav.
IS there any salry restriction? Should the new salaryl be always a higher slary than the current emplyment?
Or should just be same or higher than the salary specified in LC ?
Thanks
 
AC21 or not - Salary

Salary, based on most interpretations of AC21, "should not" be considered as an issue in determining the benefits of AC21 portability - only the new job responsibilities/duties need be taken into account.

I asked my attorney a similar question as to why, then, would we need to include the new salary if we ever need to file an "AC21 letter" . The response: Generally USCIS prefers including the salary offered for the new job in the AC21 letter; the reasoning given is that this helps the case - if the new salary is, say, widely different than the figure shown in the Labor Cert petition, then USCIS might argue that the position cannot be considered to be "similar".

I cannot say if my attorney's reasoning is 100 % accurate or not, but again in general, salary shouldn't matter....

=======================================
Disclaimer: I'm NOT an attorney, just a smart alec ;)
 
fast_gc_seeker said:
like I said before by law "if 140 approved and 485 is pending > 180 days then employer cannot revoke 140"

u can check case status online or call cust service if u want to verify.
Click to expand...

fast_gc_seeker,

Is there a link that clearly mentions about this condition. I want to know if we are really safe in changing employer after 180 days of a pending 485 application with a approved I-140 application. So, there is no way emplyoer can screw us at this time. I want to make sure employer cannot revoke a I-140 after 180days of a pending 485

Thank you
Positive4GC
 
the I140 belongs to the employer and it can be withdrawn/revoked at any time on their will.
what fast_gc means to imply is that if u meet all the conditions of the AC21 portability, then revokation of I140 at any time will not harm you in any way. :cool:

Positive4GC said:
fast_gc_seeker,

Is there a link that clearly mentions about this condition. I want to know if we are really safe in changing employer after 180 days of a pending 485 application with a approved I-140 application. So, there is no way emplyoer can screw us at this time. I want to make sure employer cannot revoke a I-140 after 180days of a pending 485

Thank you
Positive4GC
Click to expand...
 
bhayanak said:
the I140 belongs to the employer and it can be withdrawn/revoked at any time on their will.
what fast_gc means to imply is that if u meet all the conditions of the AC21 portability, then revokation of I140 at any time will not harm you in any way. :cool:
Click to expand...


thanks for your reply. I hope to get my I140 approval soon. And I'll wait another 2months for 180 days of pending and I still have to hear about my RFE from the employer, may be, next week.

After all your replies, once my I140 is approved after 180 days, I should be safe to switch employers.

Thank you guys.
 
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