can I-140 (NIW) be revoked?

T

trojanblue

Registered Users (C)
Hi All,

Before I get carried away about my (NIW) approval, I would like to know if the approval can be revoked? I have seen a couple of cases in the past where that has happened. If so, under what conditions can the approval be revoked? And how long after the approval can the revocation come?

I am just concerned about that possibility.

Thanks

trojanblue
 
allaboutgc said:
Give me a reason. Why are you worried? Do you have any fraudulent document in your application?
Click to expand...

Why did you assume fraud? I am concerned if that can happen and if so why?

that's all.

trojanblue
 
Well, for no reason no one will revoke I-140.
NIw is self petition so even boss cannot ask for revoking.
so unless there is major problem in surrounding ...........Answer is NO
 
MrGC2004 said:
Well, for no reason no one will revoke I-140.
NIw is self petition so even boss cannot ask for revoking.
so unless there is major problem in surrounding ...........Answer is NO
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Thank you! That's what I want to know. If you do a google search, you will come across cases where it was revoked and I wanted to know if any of you guys know of this. CIS has made many mistakes -- cases have been denied which were overturned later and vice versa.

trojanblue
 
Well, while most NIW are self-petitioned, some NIW are employer sponsored.
In the latter case, anyone knows if employer can revoke it?
 
rabbish said:
Well, while most NIW are self-petitioned, some NIW are employer sponsored.
In the latter case, anyone knows if employer can revoke it?
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Yes, they can. Many employers, if they sponsored, have revoked 1-140 petitions after they were approved. This has happened in the past. In my case, it was a self petition. So, I am not worried about that.

trojanblue
 
trojanblue

Don't worry too much. It seems that you are afraid if any one can revoke your NIW approval. I have never heard of this kind of stories. However, I heard some greencards were revoked before. The main reason was that they changed the job duties totally after geting the greencards. For example, you are doing cancer research now. After getting your GC, however, you soon switch to do life insurance.

Relax!!! Don't scare yourself!!!
 
Last edited by a moderator:
NSC-NIW05 said:
trojanblue

Don't worry too much. It seems that you are afraid if any one can revoke your NIW approval. I have never heard of this kind of stories.
However, I heard some greencards were revoked before. The main reason was that they changed the job duties totally after geting the greencards. For example, you are doing cancer research now. After you getting your GC, however, you soon switch to do life insurance.

Relax!!! Don't scare yourself!!!
Click to expand...

Thanks man. I am not trying to scare myself. Just trying to think of every possibility of things that could go wrong! Revoking I-140 approvals is not new. If you do a google search you will come across many cases where this has happened. In some cases, CIS claimed that the approval was in error! In some cases, they revoked it for the reasons you gave before.

trojanblue
 
how soon?

"After you getting your GC, however, you soon switch to do life insurance."


how soon you can change jobs after the green card approval?

thanks
 
NIW-2005 said:
"After you getting your GC, however, you soon switch to do life insurance."


how soon you can change jobs after the green card approval?

thanks
Click to expand...

I take it he means your I-140 is approved and you switch your jobs before getting your 1-485 is approved. In any case, if your employer has sponsored you then, you need to stay with that employer for 180 days after I-140 approval before you can switch jobs.

trojanblue
 
trojanblue said:
I take it he means your I-140 is approved and you switch your jobs before getting your 1-485 is approved. In any case, if your employer has sponsored you then, you need to stay with that employer for 180 days after I-140 approval before you can switch jobs.

trojanblue
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what if you get a job at a similar or higher level, e.g. assistant profesor at another university, would you still have to wait for that 180 days after the approval before accepting any offers?

thanks a lot
 
NIW-2005 said:
what if you get a job at a similar or higher level, e.g. assistant profesor at another university, would you still have to wait for that 180 days after the approval before accepting any offers?

thanks a lot
Click to expand...

YES! You CANNOT change employers within this time regardless of whether it is a better jo or not (in the same or similar field).

trojanblue
 
NSC-NIW05 said:
trojanblue

Don't worry too much. It seems that you are afraid if any one can revoke your NIW approval. I have never heard of this kind of stories.
However, I heard some greencards were revoked before. The main reason was that they changed the job duties totally after geting the greencards. For example, you are doing cancer research now. After you getting your GC, however, you soon switch to do life insurance.

Relax!!! Don't scare yourself!!!
Click to expand...

WHAAAAAT are you guys talking about here? after you get your green card you are a pemanent resident, period. The only restrictions after that are that you abide by the laws and rules, and nothing to do with how you go it.

where do you hear these stories about GC being revoked because someone switched from cancer research to life insurance? It must've been a crazy employee and an equally crazy employer who went to the length and breadth of filing a revoking petition.

please stop throwing gossips and fears around.

take it easy and focus on your work!!!!
 
As an aside, as per murthy article, the US 2nd circuit court has ruled that USCIS cannot revoke 140 if the beneficiary is in US. They are supposed to issue a notice of intent to revoke, giving you time to fight it and not revoke it outright. Murthy says that even though the decision is not binding on other circuit courts, its a good precedent.

http://www.murthy.com/news/n_140rev.html
 
focus1 said:
WHAAAAAT are you guys talking about here? after you get your green card you are a pemanent resident, period. The only restrictions after that are that you abide by the laws and rules, and nothing to do with how you go it.

where do you hear these stories about GC being revoked because someone switched from cancer research to life insurance? It must've been a crazy employee and an equally crazy employer who went to the length and breadth of filing a revoking petition.

please stop throwing gossips and fears around.

take it easy and focus on your work!!!!
Click to expand...
I'd like to mention that this was a real story about a friend of mine. He got his GC in the fall 2003 and then he quit his job to do international trade between China and the US. However, later he was informed that his GC was to be revoked due to his inconsistent employment duty. I am not sure if his previous company revoked the application for GC since he did not tell me the details. According to AC21, it seems to be impossible for this to happen. Anyway, I wish it was an isolated case. I did not have the intent to throw gossips and fears around, Man.
 
jllag1 said:
As an aside, as per murthy article, the US 2nd circuit court has ruled that USCIS cannot revoke 140 if the beneficiary is in US. They are supposed to issue a notice of intent to revoke, giving you time to fight it and not revoke it outright. Murthy says that even though the decision is not binding on other circuit courts, its a good precedent.

http://www.murthy.com/news/n_140rev.html
Click to expand...

I'm like 95% sure that I've read somewhere that this decision was either overruled on the appeal or superseded by an act of Congress.
 
trojanblue said:
Hi All,

Before I get carried away about my (NIW) approval, I would like to know if the approval can be revoked? I have seen a couple of cases in the past where that has happened. If so, under what conditions can the approval be revoked? And how long after the approval can the revocation come?

I am just concerned about that possibility.

Thanks

trojanblue
Click to expand...


The approval can be revoked, no question. So can be you GC. You can also be stripped of US citizenship if you acquired it through naturalization. As for the I-140 approval, the possible reasons are many: fraud, criminal conviction, employer petition, etc. I've certainly seen cases on this forum where approved EB-1/2 case was reopened (with Intent to Deny notice) on INS's own initiative - likely during a review of some sort.
 
lamonte said:
I'm like 95% sure that I've read somewhere that this decision was either overruled on the appeal or superseded by an act of Congress.
Click to expand...

Hmm, I am gonna do some more research on that. Will let you know what I find.
 
lamonte said:
The approval can be revoked, no question. So can be you GC. You can also be stripped of US citizenship if you acquired it through naturalization. As for the I-140 approval, the possible reasons are many: fraud, criminal conviction, employer petition, etc. I've certainly seen cases on this forum where approved EB-1/2 case was reopened (with Intent to Deny notice) on INS's own initiative - likely during a review of some sort.
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Quite right. But taking away someone's citizenship is not taken lightly. If I am not wrong, USCIS has no jurisdiction to "revoke" citizenship, only state dept has and only through judicial oversight and not by executive decision.
 
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