Company will revoke 140 if job changed?? Please Advise

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sachinsoni

Registered Users (C)
Ginnu, United Nations....other gurus, Please help.

I am currently working with company A and I have approved 140 and 485 is pending for more than 6 months. I am still working on my H1 and my 6 years of H1 expires in Oct 2006. I want to take up a full time offer with a company B but when I mentioned to my company about this, they said that they will send a notice to USCIS for revoking 140. I am not sure if this can be done and if it can be done, what are the consequences. SO, here are my questions:

1. Can a company actually do this? since I will file AC21 to change job.
2. If they do this, whaat effect does that have on my GC processing.
3. Is it advisable to change company if such a situation? I would like to be with my company but with the current retrogression scenario ( I am EB3 from India), who knows how long the GC process will take.

Please help me in answering these questions.

Sachin
 
I would also like to get this information. Kind of in a similar, non-pleasant situation with my current employer right now.

thanks.
 
No, I dont think they can revoke your I140. Check this long FAQ taken from immigration-law.com. http://www.immigration-law.com/Visa Retrogression Q&A.html

Infact I also submitted my resignation yesterday and planning to use AC-21.

Check the Question 21 which is as follows.

Q21: I filed I-485, and after 180 days, I changed employment and former employer is not happy. When should I file AC-21 change of employer notice to the Service Center? I am an Indian. A: Because of a huge retroression in EB-3, chances are that people may have to change employment in a lot of situation. AC-21 Act does not itself specify when such notice should be provided to the USCIS. The USCIS has encouraged proactive filing of such notice, but Yates memorandum does not penalize the aliens who fail to file such notice proactively. Consequently, it has been a common practice that people waited to receive a RFE to give such notice. Generally, when I-485 waiting time was short, this practice worked without any problem. However, when the waiting time can last years rather than months because of the visa number retrogression, failure to file such notice may present a number of practical problem, particularly in hostile employment separation situation. Firstly, since the USCIS sends all the communications to the legal representative of your employer, you are completely left in the dark, presenting a number of problems. The USCIS could have served RFE or NOID (Notice of Intent to Deny) or any other notices upon the company's legal representative. Because of the potential conflict of interest, the legal counsel may be reluctant to communicate with you, putting you in a vulnerable situation in the legal proceeding. Additionally, you never know what kind of action your former employer has taken against you as your employer was not happy with your departure from the employment. Secondly, from the perspectives of the USCIS, unless such AC-21 notice is given, their record will just reflect that your are still working with the employer. Accordingly, once the USCIS receives a request for revocation of the I-140 petition, they may either deny your I-485 or service the NOID on you. That will scare you to death. Thirdly, the former employer could withdraw the I-140 petition to file another I-140 for another employee for substitution of the alien beneficiary of the labor certification application. Assuming that the substituting employee is a non-Indian or non-Chinese, whose visa number waiting will be shorter than the Indians or Chinese, that employee's I-485 could be approved ahead of yours. At this time, there is unsettled legal issue of consequences of such I-485 employee's green card approval on your pending I-485. Since one certified labor certification application cannot produce two employment-based green cards, there will be a potential problem, especially when the USCIS is not aware that you have used AC-21 benefit of change of employment. For all of the foregoing reasons, you may consider filing a notice of AC-21 change of employment proactively. The situation may be completely different if you were separated from the employment amicably and peacefully with the employer. In the latter case, you can still wait to receive RFE rather than proactively filing such change of employment notice, even though there may be some problem of preserving the evidence of AC-21 eligible change of employment for a prolonged period of time even in the latter situation.
 
Thanks Yoginm,

Did you test the validity of this link though? I know one of my friends did this thing and his company revoked the 140. He then got a letter of NOID (Notice of Intent to Deny) the 140.

What do you think?
 
Fork up $50 and talk to an immigration lawyer. I plan to be in the same situation in the near future.
 
I am currently changing jobs using AC21 and also interested in the subject and here is my understanding (correct if I am wrong):
As per Yates memo as long as your I140 is approved and I485 is pending more then 180 days you are eligible to AC21. Your former employer can revoke I140 but it should not affect your I485. Is that a common understanding? Are there any caveats?
Thanks!
 
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