Can the sponsoring employer revoke I-140 after GC is approved?

[lolo_kholo]

Hello All,

Can the sponsoring employer revoke the underlying I-140 petition after GC is approved? If so, what are my options??

1. I received I-140 approval 2 weeks after losing my job.
2. My new employer filed AC-21 and G-28 immediately after receiving the I-140 approval..
3. 4-5 days after filing the AC-21 letter, I received I-485 approval.. I don't think the AC 21 letter matched my I-485 or I-140 file at the time my case was approved....

My I-140 and I-485 were pending for more than 180 days..

I don't want to go to my home country because life is very miserble there.. please can anybody with good immigration knowledge give me some hopes and hints..

this is my only chance to stay in america.....

Thanks in advance,

Lolo

 

[wurzbach]

Hello All,

Can the sponsoring employer revoke the underlying I-140 petition after GC is approved? If so, what are my options??

1. I received I-140 approval 2 weeks after losing my job.
2. My new employer filed AC-21 and G-28 immediately after receiving the I-140 approval..
3. 4-5 days after filing the AC-21 letter, I received I-485 approval.. I don't think the AC 21 letter matched my I-485 or I-140 file at the time my case was approved....

My I-140 and I-485 were pending for more than 180 days..

I don't want to go to my home country because life is very miserble there.. please can anybody with good immigration knowledge give me some hopes and hints..

this is my only chance to stay in america.....

Thanks in advance,

Lolo

you should be very cautious and consult a competent lawyer immediately to fix the hole.

1) when you lose your job before receiving the approval of your I-140, you lose the basis for your immigration petition. That means INS issued the I-140 approval by a mistake and the approved I-140 is not valid.

2) if you did not have a valid I-140 approval, the I-485 application is baseless and the subsequent approval was equally invalid.

3) the AC21 relating to I-140 petition is based on that you have a valid approval of immigration petition, your I-485 is pending for at least 180 days and your subsequent job is in the same or similar occupation as the previous one. AC21 relating to I-140 seems not applicable to you.

4) based on your statement, I think it was not wise for your new employer to file AC21 after the appoval of I-140 because they knew that your I-140 was pending when you lost your first job (it seems that your new employer was trying to save money and relying on the I-140 approval). your employer's behavior could be raised to fraud or misrepresnetation allegation.

5) If I were you, I would go to a competent lawyer. You need to figure out a method(such as H visa) to keep your status in US and preserve all evidences for possible defense in case USCIS starts investigation on your case.

6) bear in mind that AC21 also applies to LC (INA § 212(a)(5)(A)(iv)). If you have a valid LC and your AOS have been pending for 180 days, your LC is still valid after changing employer. So, you may ask your new employer to file new immigration petition (I-140) based on the LC you got from the first employer.

I am not a lawyer and above opinions are personal views. Please consult a competent lawyer.

 

[luckyandcurious]

As per my knowledge, AC21 is only applicable if I-140 is approved and I-485 is pending more than 180 days.

JoeF, How come you are saying without approval of I-140, you can use AC21, that is totally against AC21 rule. Even my lawyer says the same thing.

 

[TheRealCanadian]

JoeF, How come you are saying without approval of I-140, you can use AC21, that is totally against AC21 rule. Even my lawyer says the same thing.

Did you read the last Yates memorandum on the subject?