Can the company stop my Green Card process now?

T

tomerbaz

Registered Users (C)
Hi all,

My company filed the I-140 and the I-485 about a year ago (concurrent filing). About a month ago the I-140 was approved. Can the company withdraw or cancel the I-485 after the I-140 has been approved and the I-485 is pending for more than 180 days ?

Thanks.
 
My company filed the I-140 and the I-485 about a year ago (concurrent filing). About a month ago the I-140 was approved.
Can the company withdraw or cancel the I-485 after the I-140 has been approved and the I-485 is pending for more than 180 days?

----- Company cannot withdraw I-485 that application belongs to YOU not to employer
I-140 belongs to employer they can revoke it but your I-140 has been approved and I-485 pending more than 180 days and if you want to change employer they cannot revoke I-140 if you want to use AC21, you should have posted in AC21 thread
Read the INS. H.Q august 4, 2003 MEMO 180 days rule and AC21 Print it and read it and keep it with you.
http://www.usavisanow.com/8-13-03-140-485.pdf
The above-posted link for Memo is not working but you can read below and go to page 3
http://www.visalaw.com/03sep1/newsletter.pdf
 
Originally posted by tomerbaz
Hi all,

My company filed the I-140 and the I-485 about a year ago (concurrent filing). About a month ago the I-140 was approved. Can the company withdraw or cancel the I-485 after the I-140 has been approved and the I-485 is pending for more than 180 days ?

Thanks.
Click to expand...


No as indicated by ginnu your 485 cannot be revoked by your employer. It is 'your' application. Since you have mentioned that you have completed more than 180 days of filing your 485, you are eligible to execise AC21.

hth
dyno
 
Clarification

Thanks guys.
I guess I failed to mention an important thing. I don't want to change an employer. It's just that now, a year after the process has started, they decided to make all the employees sign an agreement that we must work for 12 months with the company after the GC is approved or we will have to pay the company all the GC expenses.
I wanted to know what happens if I don't sign this agreement but stay with the company, can they still revoke my I-140?

Thanks again
 
Re: Clarification

Originally posted by tomerbaz
Thanks guys.
I guess I failed to mention an important thing. I don't want to change an employer. It's just that now, a year after the process has started, they decided to make all the employees sign an agreement that we must work for 12 months with the company after the GC is approved or we will have to pay the company all the GC expenses.
I wanted to know what happens if I don't sign this agreement but stay with the company, can they still revoke my I-140?

Thanks again
Click to expand...
No they cannot withdraw a approved 140 if you have completed 180 days from filing your 485. At this point yo become eligible for AC21 so you are not dependent on your company anymore to continue the GC.

hth
dyno
 
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