Can Employer cancel I140?

K

Kuma9901

Registered Users (C)
-485 details:
RD - 09/27/2001
ND - 11/23/2001
FP - 01/24/2002
I got my EAD recently. I have H1 validity till 19th of March.

My employer started layoffs. I am not sure when I will get my turn?

What is the deal with cancellations of I140. Can the employer cancel I-140? What are the consequences I have to face?

Should I get H1 extension to be on the safe side?

Thanks for your input in advance.
 
No Title

Employer can not cancel I140 after 180 days from receipt date. In your case there is still some time for that period. I am not a attorney so do not completely rely on this.
 
Venudeve, where does it say that???

The question above is rhetorical since I know it doesn\'t say that anywhere. I also realize that AC21 seems to imply that but it certainly doesn\'t say it anywhere. AC21 seems to say that even if the employer cancels the underlying I-140, after 180 days the cancellation would have no effect but without implementing regulations nothing is certain. Implementing regulations could change drastically the way cases are currently being adjudicated.

Also note that the original poster\'s case has NOT been pending for 180 days.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Just a few thoughts

I wonder that once employer is cancelling I-140 how one can proceed? As per my knowledge, whole GC process(Employer) is based on employer and if employer is not supporting how one can proceed? If i\'m not wrong, 180 days rule is for switching the job. But it still requires good support from employer who is processing gc. I\'ve no such source or experience, just a thought.

Good luck
 
Great question but difficult answer

After 180 days the person can switch to a similar position. There still needs to be an offer of employment, in a similar position, to support the employment based GC.

It seems logical that the employer\'s revocation of the I-140 would not effect the pending I-485, at least after 180 days. However, INS has never said this.

Attorney General John Ashcroft (the head of the Department of Justice, underwhich INS falls) has seemed to become increasingly draconian in his practices since September 11. What effect, if any, this will have on the implementing regulations of AC21 is anyone\'s guess.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
my 2cents

Here is what I understand:

(1) If you are not work for employer anymore, they have all the
reasons to cancel I140. Whether they want to do it is another
issue. Most of the companies won\'t bother to do it.

(2) Employer won\'t be able to cancel I485 application. But if
your I140 is still pending, you don\'t have a chance to file
I485 later if you leave the company because company sponsorship
is required during 485 filing (at least employment letter)

(3) 180day rule is for I485, not for I140. After filing I485 for
180 days, you can switch job. But you may need to file amend I140.

(4) If you were laid off before 180 days, as long as INS doesn\'t
process your case within 6 months, you are still OK if you find job
later. But in CSC, they require that you must with the sponsoring
company for 6 months.

Above is my own understanding. Hope that\'s helpful
 
I-140 can be cancelled

There is a list on Yahoo for 180 Days and more issues (AC21).
I have read two emails till two where guy is crying because his I-140 got revoked after 11 months, and asking for help!!. Search the archives and you will see those emails on Yahoo 180 Days mailing list archicve. My understanding is, it is possible if your company does so
 
You must log in or register to reply here.
Top