Approved I-140 can be Revoked by Employer (Is it a New Rule)

S

shekarpc

Registered Users (C)
Hi
My 140 , 485 applied in Sep 2003 concurent filing and I140 approved on May 2004. according the rule my 485 was pending more then 180 days and 140 was approved, i got a full time offer now, i want to take that full time position. employer got to know that i am taking full time.

1. Employer says as for the rule I need to stay with my employer for another 6 months after 140 approved, other wise he said he will revoke my I-140 , is it true.

2. If i accept full time offer does it impact my GC, my JOB title is same and Salary is 8k more in new Full time offer.

3. What else Employer can do, in this stage can he do any thing which will affect the Green Card.


Thanks,
Shekar PC
 
shekarpc said:
Hi
My 140 , 485 applied in Sep 2003 concurent filing and I140 approved on May 2004. according the rule my 485 was pending more then 180 days and 140 was approved, i got a full time offer now, i want to take that full time position. employer got to know that i am taking full time.

1. Employer says as for the rule I need to stay with my employer for another 6 months after 140 approved, other wise he said he will revoke my I-140 , is it true.

2. If i accept full time offer does it impact my GC, my JOB title is same and Salary is 8k more in new Full time offer.

3. What else Employer can do, in this stage can he do any thing which will affect the Green Card.


Thanks,
Shekar PC
Click to expand...
1. No
2. No, but get a good lawyer.
3. Nothing if you are getting another job of same/similar kind.
 
registrationid said:
employer cannot do much now to u, but get a good lawyer and get ur new employer to stand behind u strongly
Click to expand...
your current employer is just trying b**l s***t with you. there is no rule anywhere that says that. i agree with all the above incase they are trying to act tough get a good lawyer and you should be fine if there is any resistance on the way.
 
1. Employer says as for the rule I need to stay with my employer for another 6 months after 140 approved, other wise he said he will revoke my I-140 , is it true.

*****Tell him to revoke the I-140 petition today. You have crossed 180 days and after 180 days of I-485 pending, you are safe.

2. If i accept full time offer does it impact my GC, my JOB title is same and Salary is 8k more in new Full time offer.

****I have read cases with 100% Salary increase got approved. AC21 law does not say about Salary or Location.

3. What else Employer can do, in this stage can he do any thing which will affect the Green Card.

*****Nothing. AC21 law was passed mainly to protect us from this kind of employers only.

naanshi
 
naanshi said:
1. Employer says as for the rule I need to stay with my employer for another 6 months after 140 approved, other wise he said he will revoke my I-140 , is it true.

*****Tell him to revoke the I-140 petition today. You have crossed 180 days and after 180 days of I-485 pending, you are safe.

2. If i accept full time offer does it impact my GC, my JOB title is same and Salary is 8k more in new Full time offer.

****I have read cases with 100% Salary increase got approved. AC21 law does not say about Salary or Location.

3. What else Employer can do, in this stage can he do any thing which will affect the Green Card.

*****Nothing. AC21 law was passed mainly to protect us from this kind of employers only.

naanshi
Click to expand...
Like your first reply. :D Too good.
 
Do not wait more time ....Go ahead apply AC21 , Employer's approch is wrong. Just you have to cross 180 with I 485 as per portability law.

Nanshi suggetion is 100 % correct.............



shekarpc said:
Hi
My 140 , 485 applied in Sep 2003 concurent filing and I140 approved on May 2004. according the rule my 485 was pending more then 180 days and 140 was approved, i got a full time offer now, i want to take that full time position. employer got to know that i am taking full time.

1. Employer says as for the rule I need to stay with my employer for another 6 months after 140 approved, other wise he said he will revoke my I-140 , is it true.

2. If i accept full time offer does it impact my GC, my JOB title is same and Salary is 8k more in new Full time offer.

3. What else Employer can do, in this stage can he do any thing which will affect the Green Card.


Thanks,
Shekar PC
Click to expand...
 
Hi All
Thanks for all your valuable information.


Hi naanshi
Last time you said u also got full time offer , waiting for 140 approval, where u stands now..


Thanks,
Shekar PC
 
shekarpc said:
Hi naanshi
Last time you said u also got full time offer , waiting for 140 approval, where u stands now..


Thanks,
Shekar PC
Click to expand...

Still Waiting for I-140 approval. Last week Attorney sent the RFE reply. Waiting for the status update in USCIS website.

naanshi
 
naanshi,

I know you are a big beleiver of the fact that I-140 does not need tobe approved to use AC21. In your case why don't you use AC21, assuming your 485 has been applied over 6 months back. So instead of replying to RFE and worrying about rejection, have you thought of changing jobs and using AC21?
 
That is indeed an interesting point. Would love to read what Naanshi has to say on that....

sertra2002 said:
naanshi,

I know you are a big beleiver of the fact that I-140 does not need tobe approved to use AC21. In your case why don't you use AC21, assuming your 485 has been applied over 6 months back. So instead of replying to RFE and worrying about rejection, have you thought of changing jobs and using AC21?
Click to expand...
 
sertra2002 said:
naanshi,

I know you are a big beleiver of the fact that I-140 does not need tobe approved to use AC21. In your case why don't you use AC21, assuming your 485 has been applied over 6 months back. So instead of replying to RFE and worrying about rejection, have you thought of changing jobs and using AC21?
Click to expand...


serta,

Good observation. Yes, I did change employer two months back and sent AC21 letter to USCIS. When replying to the RFE, my attorney again sent the copies of my AC21 letter and new employment letter. Both my attorney and my current company law firm did NOT have any problem with that.

For more than three years, I am struggling for this I-140 approval even with Masters Degree and having a solid job in hand. I am done with all these things. In worst case, if USCIS denies my case, I am ready to go back to my country now.

naanshi.
 
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naanshi

You've written:

"Both my attorney and my current company law firm did have any problem with that."

Did you mean to say they did not have problems. I'd appreciate the clarification.
 
akv01 said:
You've written:

"Both my attorney and my current company law firm did have any problem with that."

Did you mean to say they did not have problems. I'd appreciate the clarification.
Click to expand...

Thanks for pointing out. Yes, DID NOT have any problem.
 
jambalakadi said:
Are you male or female. Just curious. ;)
Click to expand...


Does AC21 law have anything with that??? I am not aware!!!!

:D :D
 
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unitednations said:
Naanshi, In all probability 140 was going to get denied. Therefore, you switched employers (probably more stable financially) and replied to the RFE with the new employer financial data. Am I correct?
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Yes, It is correct. Nothing to loose. So I did change the employer. But as you know, I-140 petition is employer based. So for responding to the RFE, we sent the financial details of the old company (greencard sponsor).


naanshi.
 
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unitednations,

The company currently I work (For around Four years as a consultant and now as an employee) is a 62 years old, billion dollar company with more than 2000 employees. We thought that no need to send the financial details of the company. But we have sent the company brochure etc.

My last and final try to get through....... Let us see. I am sure my case is going to be an example of AC21. May be a good example, may be a bad example..

naanshi.
 
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