Can approved I-140 be withdrawn before filing AC21

G

gckrishna

Registered Users (C)
Let me explain my situation.

Company "A" filed my labor as a future Employee -> approved after 7 months. And filed I-140 and I-485(I-765 EAD & I-131 AP). And I moved on to Company "A" payroll as a fulltime employee after 1 week of filing adjustment. I-140, I-765 & I-131 approved in 4 months.Can switch employer using AC21 after 180 days, If I am correct.

My questions:
1. Am I really eligible to change the employer?
2. If I change to company "B" and before filing AC21 what happens to my I-485 if company "A" tries to revoke the approved I-140?
(It takes at least 1-2 months for me to file AC21 because I don't have the copy of labor certification and my lawyer is not willing to give me this copy.... I need to file a FOIA to get labor copy).

Thanks
gckrishna
 
Last edited by a moderator:
similar question...

I have copies of my apprroved LC and 140. what happens if my old employer decide to revoke my 140? my last day with the company is this month end and i have started looking for jobs. usually in what time frame do they revoke? my old company is big and i dont know whether they will be revoking it or not. do i have to ask them if they are going to revoke it?

Please advice...

Thank you
 
Technically speaking, the employer cannot revoke ur 140 after it was been approved and 180 days have passed since filing 485. In case you are concerned about the employer trying to do something like this, and that CIS may revoke the 140 due to oversight of the passing of 180 days, you can:

a. Inform CIS proactively about your intention to use AC-21, quoting the law. You can send the AC-21 papers later - that way they would atleast know you have changed jobs/attorneys and hence won't act on the employer's request by oversight.

b. Try to reason with your employer. They are not required by law to cancel 140s, like they are required to cancel H1s.

c. Get a good lawyer and file AC-21 asap.

In case the worst nightmare comes true, and the 140 is revoked, a good attorney should be able to easily challenge the decision and get it fixed. Unfortunately, this could delay ur process and may also lead to invalidating ur EADs while ur case is being reconsidered. Hopefully, the worst case scenario won't happen though as the law is on ur side.

goodluck!

-ab
 
Hi
How would any one know that a current employer is trying to revoke your approved 140 or cancel your approved 140.

I got a labour (substitution), applied for 140, got it approved in Jan, 2004, but my 485 was applie din December 2003, so June will when I pass 180 days for AC21, but my employer is not willing to give me 140 and labour, so If file for FOIA (g639) now would my employer be able to know and cancel my 140?
If so is there any way that we could find out what the employer is trying to do with the 140 if he attempts to cancel it prior to 180 days?

raghu
 
studraghu,

There is no way to know thru CIS proactively if your employer tries to cancel ur 140. U only come to know when the 485 is rejected based on the 140 cancellation.

Abt ur second question, I have heard both answers that ur employer does comes to know/does not comes to know if you file for FOIA. It depends on ur luck.

I would suggest you stay low till ur 180 days mark passes by, and then try FOIA etc. Why take a chance after getting half way thru the GC journey.

goodluck!

-ab
 
Hi Guys
What if an employer tries to cancel the 140 (alreayd approved in Jan 2004, and ND for 485 is 12/06/03) prior to finishing the 180 days of 485 filing even though I am still working for them, in toehr words If there is any indication of leaving them after 180 days, would they able able to cancel the 140 approval before the 180 days so that I cannot use AC21 when I infact make that choice after 180 days of filing 485.

raghu
 
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