Can employer revoke approved I140 before 180 days is complete for AC21

H

HaveMercy

Registered Users (C)
My Green card process is going on with company A.

<1> LAC took Substitution

<2> I140 ND March 10, 2003
I140 Approved March 4, 2004

<3> I did not apply 485,EAD or AP along with I140

<4> Applied 485/EAD/AP on Oct 30, 2003
EAD approved Feb12
AP approved Feb16
485?

If 485 reciept date is taken for counting 180 days, then i will complete it in April 30th 2004....

My question is can my employer still cancel my approved I140 because i have not completed my 180 days yet. (Though i have no intention of quitting my employer before 180 days)

If i switch from my gc employer to another employer after 180 days

What do I need to take from my current employer Attorney ?
What do I need to file after switching to company B ? (I will be using my approved EAD with company B).

Appreciate your reply.
 
My Green card process is going on with company A.

<1> LAC took Substitution
------ it is LC not LCA because LCA is filed with H1b and LC is filed for GC or future permanent job
<2> I140 ND March 10, 2003
I140 Approved March 4, 2004
----- Good
<3> I did not apply 485,EAD or AP along with I140
----- you could have applied I-485, EAD, AP with I-140
<4> Applied 485/EAD/AP on Oct 30, 2003
EAD approved Feb12
AP approved Feb16
485?

If 485-receipt date is taken for counting 180 days, then i will complete it in April 30th 2004....
---- you are correct for AC21 your I-485 should be pending more than 180 days from RD
My question is can my employer still cancel my approved I140 because i have not completed my 180 days yet. (Though i have no intention of quitting my employer before 180 days)
----- YES he can try to revoke if he wants
If I switch from my gc employer to another employer after 180 days

What do I need to take from my current employer Attorney?
----- Copy of approved LC (Top page federal DOL approval and Form ETA750A that ETA 750A has your skills in column 13) I-140 receipt or copy of approved I-140 and copy of I-485 filing receipt
What do I need to file after switching to company B ? (I will be using my approved EAD with company B).

---- better try to join new employer by H1 transfer( by law you can join with EAD also) new employer has to provide you a letter for future permanent job offer letter and that letter should state the same skills as on approved LC if possible same job title ( job title may be different but skills are most important) + your intent change letter to use AC21. You can send this to USCIS with I-485 filing receipt or you can send at time of RFE, many submit before I-485 approval others prefer when get RFE.

*** If you change employer then all RFE for I-485 will go to past lawyer, if you are moving then hire new lawyer and fill up new G28 so that new lawyer represent you. You must also update your address if you move with service center and NCSC on 1-800-375-5283
** Change the employer only after I-485 hits 180 days and don’t inform your friends or present company employees that you plan to change at this time
 
Thank You Su Much

Hi Ginnu

Thank you so much for taking time to answer all my questions. I really appreciate your effort.

I do wanted to apply I140/485 together but my employer was not willing to. So i had to apply at different times.

Thanks
 
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