Can 140 be revoked after approval?

N

Niti Upadhyay

Registered Users (C)
Hi,

I've just changed my job and going to file AC21 pretty soon. If my previous company decides to use the LC that I used for some other person, could my approved 140 be revoked?

I've been reading the forums lately and I get the idea that the company using my LC would revoke my 140 even after the approval... please tell me i'm going crazy.

Thanks,
Niti.
 
Your company can only ask INS to revoke the I140, but INS will only send NOID (Notice Of Intent To Deny). At that time you have to submit AC21 documentation. This happens very rarely (most of the companies don't do this).
 
Don't worry. If your I-140 has been approved and your I-485 is pending for more then 180 days, you are safe as long as you can provide evidence of job (at least job offer) with same or similar ocupational classification as the one described in LCA.
If all the above is true, your sponsor can attempt to revoke I-140 but I-140 approval shall remain valid for your status adjustment.
 
Niti Upadhyay said:
Hi,

I've just changed my job and going to file AC21 pretty soon. If my previous company decides to use the LC that I used for some other person, could my approved 140 be revoked?

I've been reading the forums lately and I get the idea that the company using my LC would revoke my 140 even after the approval... please tell me i'm going crazy.

Thanks,
Niti.
Click to expand...


Similar question in another thread, same page. One day we will have thread consolidation for the benefit of Q & A sessions. In any case, let us re-post the answer:

Once you let USCIS know about the change (AC-21 letter), and you fulfil the requirements for the I-140 approved, and I-485 pending for 180 days and the similar job requirements, nothing to worry about what the company can do. They have the right to try cancel your I-140 and/or re-use the LC for another candidate. That is their right. You may run across problems if you never sent the AC-21 letter and the company took some action wrt to the above (NOID or RFE or anything). Even in this case you can answer back with current docs. It may take a bit longer, right? Expect also a possible transfer in case of AC-21, which may take a bit longer also. Maybe not.......................................

You can use AC-21 as many times as you wish.
There are pros and cons about informing or not US CIS. Especially if the employer cancels or tries to do so, your I-140, or tries to re-use the LC for
somebody else (cases of fraud). The burden is on you all the time!
Transfers: Probably yes, if they know you used AC-21 in advance. This is in the adjudicator's discretion. The last memo about applicability of transfers was
in 1998, I believe...you can find it yourself.
Read the latest memos also about AC-21 and some more literature and decide yourself.

http://www.bls.gov/soc/socguide.htm

http://www.entertheusa.com/publicat...bility_ac21.pdf

http://www.entertheusa.com/publicat...weet_sorrow.pdf

http://www.murthy.com/news/UDportme.html Memo on AC-21 / analysis
 
The HR in the previous company doesn't understand immigration laws.. and thats why it worries me that they might just do something weird.

I'm working in a completely different industry now... but its still same work... C++. The job duties in LCA is very different to what i'll be doing. the LCA talks about handling digital content and communication with set-top box etc. now, i'm in lottery system. I'm trying to get a letter from my current company that talks about communication to client and C++ programming.

Also, my title on LCA is software engineer... and my current company has given me a "Advanced Software Engineer" title. Should I get rid of the "Advanced"?

Thanks for these quick replies.

Niti.
 
Niti Upadhyay said:
Also, my title on LCA is software engineer... and my current company has given me a "Advanced Software Engineer" title. Should I get rid of the "Advanced"?
QUOTE]

As long as you have a 'similar' description, variation in title should not make any difference.
Click to expand...
 
cinta said:
Similar question in another thread, same page. One day we will have thread consolidation for the benefit of Q & A sessions. In any case, let us re-post the answer:

Once you let USCIS know about the change (AC-21 letter), and you fulfil the requirements for the I-140 approved, and I-485 pending for 180 days and the similar job requirements, nothing to worry about what the company can do. They have the right to try cancel your I-140 and/or re-use the LC for another candidate. That is their right. You may run across problems if you never sent the AC-21 letter and the company took some action wrt to the above (NOID or RFE or anything). Even in this case you can answer back with current docs. It may take a bit longer, right? Expect also a possible transfer in case of AC-21, which may take a bit longer also. Maybe not.......................................

You can use AC-21 as many times as you wish.
There are pros and cons about informing or not US CIS. Especially if the employer cancels or tries to do so, your I-140, or tries to re-use the LC for
somebody else (cases of fraud). The burden is on you all the time!
Transfers: Probably yes, if they know you used AC-21 in advance. This is in the adjudicator's discretion. The last memo about applicability of transfers was
in 1998, I believe...you can find it yourself.
Read the latest memos also about AC-21 and some more literature and decide yourself.

http://www.bls.gov/soc/socguide.htm

http://www.entertheusa.com/publicat...bility_ac21.pdf

http://www.entertheusa.com/publicat...weet_sorrow.pdf

http://www.murthy.com/news/UDportme.html Memo on AC-21 / analysis
Click to expand...

It is better to inform BCIS. In August memo which speaks about I-140 revocations says they expect to you inform USCIS. The question is what would happen if you are not informing. The company name on the file does not change. Per some senior attorneys this will create some legal problems as USCIS expects you to work for that company whose name is on the file at the time of approval.

There is nothing to substantiate this claim as most of AC-21 filers have not completed five year term to apply for citizenship nor no one has applied for renewal GC.
 
tammy2,

I would think that it is incorrect that USCIS wants you to be working for the GC sponsoring employer at the time of approval. Since GC is for future employment, you can file for GC for someone sitting in India and who have never worked for you before. I have a friend who came to US directly with a green card like that.

On the other hand my case is that I am working for one of the clients of my GC sponsoring employer. Since the job is stable(for now) I still don't want to apply for AC-21 as I have good rapport with my GC sponsoring employer. In case I get an RFE from USCIS that Do I want to apply for AC-21 (As I was not working with my GC sponsoring employer at the time my I-140 and I-485 were applied, so it has info about my most recent employer). My reply would be "No, I don't want to apply for AC-21, but I intend to join my GC sponsoring employer after I get 485 approval".
 
I am in middle of getting all the paper work together for filling AC21. My job duties are different and so I've been trying to get that right.

But, all of your inputs are really helpful. I will file AC21. I will have to be on the lookout for revokation of I140. I also have to file for withdrawing my lawyer (thru my previous company) as my representative. I'm actually at a point where I don't care if they deny everything. Will just go back to India. But, if I do this right, I don't have to face all the trouble.

Thanks so much,
Niti.
 
Tau007 said:
tammy2,

I would think that it is incorrect that USCIS wants you to be working for the GC sponsoring employer at the time of approval. Since GC is for future employment, you can file for GC for someone sitting in India and who have never worked for you before. I have a friend who came to US directly with a green card like that.

On the other hand my case is that I am working for one of the clients of my GC sponsoring employer. Since the job is stable(for now) I still don't want to apply for AC-21 as I have good rapport with my GC sponsoring employer. In case I get an RFE from USCIS that Do I want to apply for AC-21 (As I was not working with my GC sponsoring employer at the time my I-140 and I-485 were applied, so it has info about my most recent employer). My reply would be "No, I don't want to apply for AC-21, but I intend to join my GC sponsoring employer after I get 485 approval".
Click to expand...

The scenario we are talking here is typical AC-21 case in which change of employment is not informed to BCIS. So he is not going to join GC sponsoring employer even after approval. what I am talking here If you have decided not to join the original employer it is better to inform BCIS. If you wait for RFE you may not get RFE at all. So there will not be any chance to update your file.
 
Lots of people do into inform BCIS and get approved- no RFE. So informing is not necessary- it works out any which way.
HTH
 
Because I like to be under pressure at all times... and suffer even if it isn't necessary, I will file AC21... even if that results in RFE.. :) :)
 
Niti...You are correct inform to INS before your employer send them letter to withdraw you 140/485. I didn't inform INS about my job change and I am suffering now.
 
Niti Upadhyay said:
Because I like to be under pressure at all times... and suffer even if it isn't necessary, I will file AC21... even if that results in RFE.. :) :)
Click to expand...

It is the best way to go.
 
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