Hi Gurus, I change the employer after 9months from the I485 receipt date, Now Can my Old employer withdraw I140 Petition, If so, what are my chances of approving I485? Is AC21 Law tells anything about withdraw of I140 or something. Please Answer me, I need your help in this regard.
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Can I485 Approve
- Thread starter Killer
- Start date
gcinjan2003
Registered Users (C)
You will be fine if you have a job with similar description as in your labor certification.
Per Murthy, the employer can withdraw the I140 withing 180 days, and even in such case the employee has a high chance of getting an approval, so relax.
chat dated 12/09/2002
Chat User : What if an employee is laid off before completing 180 days after filing the I-485 and has an I-140 pending? Can the employee change employers and still preserve the AOS?
Attorney Murthy : If the employer revokes the underlying I-140 petition and the INS acts on that revocation within the 180 days then the INS may terminate the case. The way AC21 law is written, the employee can gain approval of the AOS, as long as it is the "same or similar" job as long as the I-485 remains unadjudicated for 180 days. The issue pertaining to the need to work for the LC sponsor during the initial 180 days has not yet been set forth in regulations, as the regulations still have not been issued.
chat dated 12/09/2002
Chat User : What if an employee is laid off before completing 180 days after filing the I-485 and has an I-140 pending? Can the employee change employers and still preserve the AOS?
Attorney Murthy : If the employer revokes the underlying I-140 petition and the INS acts on that revocation within the 180 days then the INS may terminate the case. The way AC21 law is written, the employee can gain approval of the AOS, as long as it is the "same or similar" job as long as the I-485 remains unadjudicated for 180 days. The issue pertaining to the need to work for the LC sponsor during the initial 180 days has not yet been set forth in regulations, as the regulations still have not been issued.