Changing jobs before 180 days - please help!

S

segio_01

Registered Users (C)
Hi -

I have an approved I-140 sponsered by the current employer and my I-485 has been submited. If I switch to a new employer BEFORE I-485 penging for 180 days, am I safe if the old employer does not revoke my I-140 before 180 days? Any other risks?

Thank you very much...
 
As per the law, you are eligible for AC21 after 180 days pending 485 and 140 approved. You are going to be risk if your employer revokes your I-140 and no law supports you. Ac21 portability means your transferring same petition i.e your approved 140 to new employer after 180 days of pending I-485.
 
Thank you!
Suppose my old employer promises not to revoke my I-140, what if CIS a year later asks for an employment letter from the new employer? On the new employment letter, it will show my starting date with the new company. If CIS notice that this date is actaully within the 180 day period, is it going to be a problem (although the old employer does not revoke my approved I-140)?

Thanks again...

Lx95 said:
As per the law, you are eligible for AC21 after 180 days pending 485 and 140 approved. You are going to be risk if your employer revokes your I-140 and no law supports you. Ac21 portability means your transferring same petition i.e your approved 140 to new employer after 180 days of pending I-485.
Click to expand...
 
hi all ,
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about it .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions

thanks and regards
 
realmessy, sorry to hear that. I can't believe this is really happening. Since you cannot switch job now, maybe you can use your EAD to get a paying part time job?

realmessy said:
hi all ,
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about it .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions

thanks and regards
Click to expand...
 
realmessy said:
hi all ,
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about it .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions

thanks and regards
Click to expand...

This is illegal to not pay salary to a working employee. Yes they can revoke your I-140, but you can do a lot of harm to the company too. You can take them to a court, you can let DOL and USCIS know about such violations. Your employer can loose a lot. You might want to tell your employer that you wouldn't have any choice but to do all mentioned things if they don't pay you (or revoke your I-140 if you leave them).
No one wants troubles, so there is a good chance that they will change their behavior if they realize that you will defend yourself especially since you don't seam to have any other choice left...
 
Last edited by a moderator:
hi ,

Do you know what are the documents needed to revoke the 140 and how much time USCIS takes to revoke the 140
..it has already been 100 days since i filed the application so if they take about 3 months to revoke then will
i be safe as it had crossed 180 days ?
also the lawyer who filed for 140 was my lawyer and he said that he is not going to help the employer if he comes
with any such kind of request .. will my employer has to file the application to revoke from the same lawyer
or can he use another one ..
i inquired from Rajeev S khanna they said it is state issue of wages and they cant help either ..

any advise will be help ful to me ..

thanks
 
realmessy,

Keep quite for 3 more months. Wait 180 days to pass and look for another job and inform USCIS about new job using AC21. Now inform wage department in your state. Keep all the communications, which you made your employer regarding salary. This is very bad not paying wages. Wait for right time take revenge.
 
hi Lx95 ,

if i will inform DOL now then will my employer will know about the complaints if so then he will definately cancel my h1 and revoke 140 .isnt that or does DOL keep secracy of the complaints ..

thanks
 
realmessy,

I do not know about it. But people got their wages with penalty after informing DOL. EB based green card means that is something belongs to employer. Talked to some other attorney for advice.
 
realmessy said:
hi ,

Do you know what are the documents needed to revoke the 140 and how much time USCIS takes to revoke the 140
..it has already been 100 days since i filed the application so if they take about 3 months to revoke then will
i be safe as it had crossed 180 days ?
also the lawyer who filed for 140 was my lawyer and he said that he is not going to help the employer if he comes
with any such kind of request .. will my employer has to file the application to revoke from the same lawyer
or can he use another one ..
i inquired from Rajeev S khanna they said it is state issue of wages and they cant help either ..

any advise will be help ful to me ..

thanks
Click to expand...

Employer can revoke the I-140. This happens pretty fast. In a case I know about, it took less than 2 weeks for the I-140 to be withdrawn, there was an RFE on this I-140, and employer requested USCIS that the case is being withdrawn.

Best thing you can do, is to keep quiet till 180 days have passed, then take action against employer after invoking AC-21. Maintain emails regarding the wage issue. Do not talk over phone, there will not be any stored records. Plan this out carefully. No point getting upset and messing up all the time spent so far.
 
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