Applicants with FP done and I-140 Pending.....

Originally posted by naanshi
This means
1. If your I-485 is pending for more than 180 days AND
2. If you find a job which is same or similar as the job, for which the I-140 filed.

Then you can change the employer, without worrying about your pending I-140. You have to send a letter with new employer letter to USCIS when you change employer.

Why people are worried about I-140???? If you continue with sponsor, you MUST get your I-140 approval to get your I-485 approval.

Suppose, a person gets RFE for Company Financial and he knows that his company is not doing well. He changes his employer, who is a very big company with 2000 employees and informs USCIS about the job change. In that case, why should USCIS cares about the Sponsor company's Financial ability, where the applicant is no longer works.

And also memo confirms that if employer withdraws I-140 petiton after 180 days, I-485 will be processed as normal. So same thing should happen even if I-140 petition is denied.



MJ23,
Here is the source.

http://www.tafapolskyandsmith.com/news/2003aug11.html

nanshi.
Click to expand...

Nanshi..with due respect you are wrong.

"If the I-140 is not approved, then AC21 is held not to apply under current interpretations of the interplay between AC21 law and concurrent filing. If processing is not completed in a reasonable time, and AC21 portability cannot be used, this may mean that more cases will be denied if there is a termination of the employer’s sponsorship of the I-485 applicant, for any reason"

My source http://www.murthy.com/news/n_newpro.html

I really wish you are right so I can change my employer.
 
AC21 and I140

As for as I know ,if I140 is not yet approved employer can revoke /withdraw the I140 petition. So changing jobs without I140 approval is risky. There are lawyers who support the other theory but conservative thinking is to stay put till the approval of 140 comes through.
:cool:
 
With my limited knowledge related to AC21,

AC21 is not yet law. That is just guidelines to INS officers but not very well documented.
Initially when first released, that was interpreted as we can change employers after 180 days and not mentioned about I-140 approval/pending status.
Later during ALIA meetings, it was mentioned that I-140 should be approved.
My best bet is.
Wait until 1-140 approved and 180 days.

I am not in legal profession so please check with your attorney.
R
 
asterix, rljh, nanshi and other Sep'03 filers

My I-140 ND : Sep 26. 2003
EB3/Concurrent/Original labor
180 days passed since my I-485 filing date
I-140 not approved

My rough estimate was that my I140 will be approved in March 2004....but still waiting.

I am also looking to switch employers (join client as a full time employee). Somebody sent me a link about the AC-21 law couple months ago. It stated that I-140 HAS to be approved in order to change employers. I am still not positive on that. I do have a good relationship with my employer and I am very positive that he will not revoke my I-140 application. All I am looking for at this time is for SOMEONE WHO CHANGED EMPLOYERS WITHOUT THEIR I-140 APPROVAL -- IF YOU ARE ONE, PLEASE PLEASE POST YOUR EXPERIENCE HERE. That will be a BIG help. Everyone just threatens(although it is true) that employer can revoke I-140 at any time. But we can not just wait forever for the I-14o to be approved !!!. It does not make sense for us to wait until the FP results are sent to USCIS!!!.

I think lawyers always want to be on the safe side. So I don't trust them either. I always have a feeling I get more info. from this forum than from my lawyer.
 
Here you go Buddy!!!!!!


"Revocation or Withdrawal of the I-140 Petition

The Memo provides that the approved I-140 petition remains valid even if the original sponsoring employer requests its revocation, as long as the I-485 application has been pending at least 180 days at the time of the revocation or withdrawal. Those who chose concurrent filing enjoy an advantage, as they are accruing time toward the 180 days while the I-140 is pending, as long as it is finally approved."
*********************************
"Fifth, the BCIS Memo uses the incorrect term "withdrawal" instead of revocation in various sections of this Memo, which causes some confusion. The term "withdrawal" is used in the context where a petition is pending with the BCIS and not yet approved. An employer or an applicant may request a withdrawal in cases where there is no final decision on the petition or application. After the approval of a petition, the employer may only request that the I-140 petition be revoked. "
*********************************

Looks like again confusion.

1. In this Memo, it says "Withdrawal" or "revocation". Withdrawal means withdrawing a "Pending" Petition. Revocation means Withdrawing a "approved" Petition.

2. This means after 180 days the employer can withdraw a "pending" application also.

3. So even if an employer withdraws a pending application, employee can change employer after 180 days, without any problem.


nanshi.
 
Originally posted by naanshi
Here you go Buddy!!!!!!


"Revocation or Withdrawal of the I-140 Petition

The Memo provides that the approved I-140 petition remains valid even if the original sponsoring employer requests its revocation, as long as the I-485 application has been pending at least 180 days at the time of the revocation or withdrawal. Those who chose concurrent filing enjoy an advantage, as they are accruing time toward the 180 days while the I-140 is pending, as long as it is finally approved."
.
Click to expand...
as they are accruing time toward the 180 days while the I-140 is pending, as long as it is finally approved."

That means if employer withdraw the application (i 140) after 180 days, AC 21 can't be used.

One more disadvantage of this present memo is attroney certified CP is not possible. So if someone is going through real hardship because of delay, he has no choice :mad:
 
Hi Nanshi,

I don't understand this. I thought the basis for an employment based green card (whether by CP or Adjustment) was an approved immigrant petition. If employer withdraws pending I-140, or I-140 is otherwise denied, how can AC21 help?

Now I am confused. Can you explain.

Thanks,
Bharad
 
Originally posted by bharad1
Hi Nanshi,

I don't understand this. I thought the basis for an employment based green card (whether by CP or Adjustment) was an approved immigrant petition. If employer withdraws pending I-140, or I-140 is otherwise denied, how can AC21 help?

Now I am confused. Can you explain.

Thanks,
Bharad
Click to expand...

I am also like you. I don't have explanation. Just from the memo or AC21 law, if your I-485 is pending more than 180 days, underlying I-140 petition does not have any meaning, if you inform USCIS that you are not working with the sponsor.

If I-140 is not processed within 180 days and if the applicant changed employer, USCIS may consider the underlying petition as invalid and process the I-485 normally. As we all know, I-140 petition is mainly for the Employer, not for the applicant. If the applicant is not working with the sponsor, why USCIS cares about the I-140 petition filed by the old company?

I don't know, what is correct.
 
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I think it means al long as I140 is approved and 180 days have passed since I485 is applied even if old employer revokes your approved I140 or I485 it will be valid as long you have a job in similar occupation.
But I140 needs to be approved and 180 days should pass till AC21 can be used.
 
Jeez..after seeing all these confusing posts about revoking and withdrawals, all I can say is "O Lord, please have mercy on all these Sep 140 filers" !!.

It's friday, I am outa here !!. Time to RELAX !!!
 
This is what I found, which make sense to me.

Chat User : Can I use AC21 when my I-140 is pending and receipt date has passed 180 days?

Attorney Murthy : Can use, but the risk of obtaining an I-140 denial or having the sponsoring employer revoke or cancel the pending I-140 could jeopardize the entire GC process. The safest bet is to obtain the I-140 approval and then file the paperwork upon joining the "same or similar" employment after the I-485 has also been pending in excess of 180 days


My prayer is "Jeez...save all GC applicant from this mental torture they have to go through"

Happy friday everyone...
 
When there are so many interpretations about using AC21, I feel the safest thing is to wait untill the I140 is approved.
 
FP Question

FP Question
Got a FP notice -- to be fingerprinted on MAY 25,2004 at Milwaukee. But currently iam in Los angeles for a short term project..

Can i fingerprint at the local office in LOS ANEGELS ??? INS Fingerprint Office ?
 
Naanshi / gurus please reply.....

Hi all,

I am in a very pathetic situation. Please advise !!

My I-140 is pending with NSC. EB3 Concurrent, RD-Dec-19th. EAD, AP approved. My project is coming to an end this week. In the mean time my client had considered me for a FULL TIME position sometime in MAY. My employer has agreed to take care of my
I-140 if there is any RFE.

But all of sudden with this NSC new memo, things have totally changed. It looks like it's going to take longer time to get I-140 approved. My 180 days will be over by june 19th. I am in a big confusion whether to join my client or not. Is it safe to change employers now ? or I should wait till my I-140 is cleared...If I change do I need to file AC21 ....please help ....

:confused:
 
GMUTHU,
The law is not clear. Some attorneys say that after 180 days, an employee can change job only after I-140 approval. Some attorneys say that after 180 days, send a letter to USCIS regarding AC21 and you can change your employer without any problem. After that even the employer withdraws the I-140 petiton or if I-140 petition gets denied, nothing happens. your I-1485 will be processed normally.

As you know, last full week, I was doing only this research and finally nothing is clear. Till the law, particularly say that don't change employer without I-140 approval, we can take advantage of that.
The safest route is to wait till you get your I-140 approval. But if you don't have choice, then we may have to take this risk.

Just my thoughts.
 
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GMUTHU

it is not true that NSC stopped processing I140's Completely. I have seen some approvals on friday 23 rd for Dec cases
 
GMUTHU

it is not true that NSC stopped processing I140's Completely untill i485 is ready to process. I have seen some approvals on friday 23 rd for Dec cases and also new RFE's are generated for the I140 cases. for results check Dec 2003 filers thread.
 
Madhu,
The new procedure will take effect on April 30, 2004 only. So there is a chance that you will see Approvals and RFEs till that day.

nanshi.
 
ANY Sept 03 I140 cases still left ?

Am still waiting for some work on my I140 case (RD Sept 27,03). Seems to have been last touched on Dec 11, 03.
Anybody out there in same boat?
Thanks
 
Re: ANY Sept 03 I140 cases still left ?

I am still waiting....RD Sept 26

I think, still many people waiting (even from Aug 03)

Originally posted by registrationid
Am still waiting for some work on my I140 case (RD Sept 27,03). Seems to have been last touched on Dec 11, 03.
Anybody out there in same boat?
Thanks
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