Cancelling I-140 and I-485

[AgentM]

Can an employer cancel the I-140 even after it has been more than 6 months after the approval?
I plan to change my job, but I am afraid the employer will cancel the I-140 and then the I-485 could be rejected.

Thank you.

 

[DSLstart]

Employer can revoke I-140, but thats why they've AC-21 to keep your 485 safe if its pending for more then 180 days. Hire new lawyer, fire old lawyer & file AC21.

Can an employer cancel the I-140 even after it has been more than 6 months after the approval?
I plan to change my job, but I am afraid the employer will cancel the I-140 and then the I-485 could be rejected.

Thank you.

 

[ginnu]

Can an employer cancel the I-140 even after it has been more than 6 months after the approval?
--------------------YES , but if your I-140 is approved and I-485 pending more than 180 days and you get new job with same/similar job duties then you are eligible for AC21
I plan to change my job, but I am afraid the employer will cancel the I-140 and then the I-485 could be rejected.

Thank you.

----------------

 

[nj_skm]

Don't worry. Even if the old employer revokes the I-140, the USCIS will send you a notice of intent to deny (NOID) your I-485, at which point you can use AC-21 with the new employer's support and continue the ongoing 485 application.
Also, if you used your current employer's attorney, file a G28 to represent yourself going forward.
You're safe. Enjoy your new job!

 

[mariano]

How difficult to file AC21?

Hi nj_skm!

My I-140 and I-485 were filed in March of this year, and the I-140 was approced recently. I'm EB2. I believe I will be eligible for AC21 in September. I am also on my first year of H1B. Due to the stressful nature of my current working environment, I am considering looking for a similar job with another employer at around that time. If I find an employer willing to transfer my H1B and continue my I-485, I have the following questions:

i) How hard would it be to file the AC21 (what documents, how much time it takes, can I start while it is being processed, lawyer fees and filing fees, etc.)? I want to know if it might discourage the new employer from agreeing to file it.

2) My current understanding is, the new employer would have to re-file LC, I140 and I485 in order to continue my greencard sponsorship. Is this accurate? (This would be discouraging to me as wel las to the new employer, as it could mean we have to start the process from the beginning and pay all the costs all over again.)

3) My current lawyer (law firm retained by employer) said that since my PD is current, we could expect to hear a final decision (approval or denial) by next year. Although this is music to my ears, I have doubts about it, since it would mean that I could have a GC after just 2 years of starting the process from scratch. Do you agree that what the lawyer said is possible (assuming there will be no RFE's or other delays)? If so, then it might just be worth it for me to suffer the stress for one more year, than have to start all over again with another employer. If not, then I don't see any more reason why I would stay with this employer; I'll start looking for a job tomorrow with the goal of landing one in 3 months or less.

4) Let's assume that I lose my job abruptly (either because I quite or I was laid off) by the end of this year and my employer withdraws the approved I-140:

i) Will I still be able to do an H1B transfer with another employer if I find the job within 2 months? If so, what steps (if any) should I take to guarantee that I'll be eligible for this? Also, does the job need to be related to my current job?

ii) Will I be able to save my current !-485, assuming the employer agrees to sponsor?

Thanks for your help.

 

[Jackolantern]

i) How hard would it be to file the AC21 (what documents, how much time it takes, can I start while it is being processed, lawyer fees and filing fees, etc.)? I want to know if it might discourage the new employer from agreeing to file it.

You don't need to file anything, unless the employer revokes the I-140. And filing it is as simple as sending a letter from the company with your job description, to show that the job is "same or similar".

2) My current understanding is, the new employer would have to re-file LC, I140 and I485 in order to continue my greencard sponsorship. Is this accurate?

The new employer wouldn't have to do any of that. Avoiding that is the purpose of AC21.

3) My current lawyer (law firm retained by employer) said that since my PD is current, we could expect to hear a final decision (approval or denial) by next year. Although this is music to my ears, I have doubts about it, since it would mean that I could have a GC after just 2 years of starting the process from scratch. Do you agree that what the lawyer said is possible (assuming there will be no RFE's or other delays)?

Are you in EB2 ROW? It is not uncommon for people in EB2 ROW and EB1 to run the green card process from start to finish within a year.

4) Let's assume that I lose my job abruptly (either because I quite or I was laid off) by the end of this year and my employer withdraws the approved I-140:

i) Will I still be able to do an H1B transfer with another employer if I find the job within 2 months? If so, what steps (if any) should I take to guarantee that I'll be eligible for this? Also, does the job need to be related to my current job?

Yes, for AC21 purposes you can do an H1B transfer and it would have to a job that is "same or similar" to the original one. "Same or similar" applies to job duties, not detailed skills like Java vs. C.

But I would STRONGLY advise you to get an EAD, so you can get hired with that instead of an H1B, if the next employer doesn't want to do H1B sponsorship. Some employers will run away if you say "H1B". With an EAD the burden of Immigration paperwork on the employer is nothing more than filling out an I-9 form, which also has to be done for citizens and GC holders anyway. And given that you filed after last summer's fee increase, your EAD and Advance Parole are included for "free" in the all-inclusive fee that you paid. So HURRY UP AND APPLY FOR THEM if you haven't already done so! And don't tell employers about your EAD until after you've already start working for them. If they ask about your status before hiring you, see this thread: http://immigrationportal.com/showthread.php?t=281144

Will I be able to save my current !-485, assuming the employer agrees to sponsor?

Once you are eligible for AC21 and have an EAD, the employer doesn't have to "sponsor" anything other than agree to hire you in a permanent position (of course, permanent doesn't mean lifetime, it just means it is expected to be an ongoing employment job, not a contract job with an expected end date). Don't even worry their head with the AC21 letter until and unless you find out that your I-140 has been revoked. In that event, just tell HR that Immigration needs to verify your employment status so you can continue to stay legally in the US, and you need a letter describing your job duties and salary.

 

[mariano]

Thanks!

Jackolantern:

Thanks for your help. It is GREATLY APPRECIATED. I already received my EAD recently. I guess I just need to wait a few more months and I can be truly eligible for AC21. And if I can last 'till middle of next year, then I can expect to get the actual card (in the mail, I hope) and not even need the EAD.

By the way, can I use the EAD on a second (part-time) job, while still be in H1B in my current employer?

Also, what does LUD mean? (just want to become familiar with it, in case I receive one).

Thanks again.

 

[Jackolantern]

And if I can last 'till middle of next year, then I can expect to get the actual card (in the mail, I hope) and not even need the EAD.

Don't wait until the middle of next year to apply to renew the EAD, as it can take 3 months or sometimes longer. Apply for the renewal at 120 days before the existing one expires. After all, renewals are free for you because you paid under the new fee structure.

By the way, can I use the EAD on a second (part-time) job, while still be in H1B in my current employer?

No, once you use the EAD to work for another employer, you lose your H1B status. But as far as the EAD itself is concerned, you can use it to work in as many additional jobs as you can handle.

Also, what does LUD mean? (just want to become familiar with it, in case I receive one).

LUD=Last Updated Date, shown in your portfolio of Immigration-related cases online. Have you registered your I-140, I-485, and EAD cases with the USCIS online case status system?