Could company revoke GC application?

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Hi, All,

I am a 2001 I485 filer, and still waiting for the final approval. Now I want to change from my current company who applied GC for me to another company in the same area. The new position is essentially the same as the old one. My question is could my old company revoke my GC application if they decide to? Is there any legal bases about ? and could someone tell me a good lawyer I could contact with to do my EAD renewal and some other issues if they arise? And what should I do with BCIS once I change the employer, do I need to submit any forms?

Thanks in advance!
 
YES.
The company has rights to revoke I-140 anytime. However, if you have passed 180 days after filing I-485 then it does not matter through AC21 Section 106.

Go for a new job but in my opinion no need to inform BCIS. Just file AR-11 if address changes.

PS: I am not a lwayer.
 
Thanks LongGC,

I filed the I485 two years ago, it definitely passed 180 days. So it seems I am Ok for now.
 
LongGC

Could you Please help me.

I-140 Receipt Date 9/8/2002 Approved on 12/16/2002
I-485 Receipt Date 12/11/2002 Pending
1st EAD applied 12/11/2002 Approved on 12/18/2002
Expires 12/18/2003

Got Laid off by previous company 31st March 2003
Got Another Job 6/5/2003

Filed AC-21 in June 2003

Applied for EAD Renewal on 7/28/2003
Got Letter from INS on 9/30/2003 saying your EAD cannot be renewed because record indicates that my I-485 has been withdrawn by the previous employer. Date of withdrawn is not mentioned.
 
Sorry to tell you. The AC-21 may not cover your case if your former employer revoked the I-140 before 6/8/03 (180 days since 485 RD). You need to consult a good lawyer to see what you can do. Maybe go back to H1-B.

Originally posted by kusumkamal
LongGC

Could you Please help me.

I-140 Receipt Date 9/8/2002 Approved on 12/16/2002
I-485 Receipt Date 12/11/2002 Pending
1st EAD applied 12/11/2002 Approved on 12/18/2002
Expires 12/18/2003

Got Laid off by previous company 31st March 2003
Got Another Job 6/5/2003

Filed AC-21 in June 2003

Applied for EAD Renewal on 7/28/2003
Got Letter from INS on 9/30/2003 saying your EAD cannot be renewed because record indicates that my I-485 has been withdrawn by the previous employer. Date of withdrawn is not mentioned.
Click to expand...
 
As I mentioned earlier, Online status show that it is still approved on 16th December 2002.

The letter for rejection of renewal of EAD for my wife says that it is withdrawn on 7th July 2003

However in my letter it has not mentioned any date, it only says that either your Adjustment of Status or Application for permanent resident is withdrawn.


Since it says in my wife's letter that it is withdrawn on 7th July 2003. Don't you think by that time I have already completed 180 days from the date of filing my I-485
 
Yes you may have chance to use AC-21. I think the better way is asking an attorney to get access to your file in TSC, which may have the date information.

Originally posted by kusumkamal
As I mentioned earlier, Online status show that it is still approved on 16th December 2002.

The letter for rejection of renewal of EAD for my wife says that it is withdrawn on 7th July 2003

However in my letter it has not mentioned any date, it only says that either your Adjustment of Status or Application for permanent resident is withdrawn.


Since it says in my wife's letter that it is withdrawn on 7th July 2003. Don't you think by that time I have already completed 180 days from the date of filing my I-485
Click to expand...
 
KusumKamal

Sorry to hear that. But I feel again sorry to inform you that your case does not stand good.

You need to have 180 days passed after filing of I-485. If employer revokes I-140 then I-485 is denied. It does not matter when INS issues you letter. It is retroactive from the date INS was informed by employer. Your employer may have acted on it before you passed 180 days. If employer revokes i-140 after 180 days then it does not harm you at all. Find out from employer when they acted on it.

Read the link on AC21 posted by jaxen on top of this section. It clearly states everything. However, there is no harm in contacting lawyer. You could still win. But meanwhile, start with your H1B fresh. Get a labor and I-140 approved and file I-485. I know it is a pain but that is the worst you need to do. I empathize your situation.

All the best.
 
LongGC


The company laid me off within 180 days from the date of filing my I-485. If I leave the company then it is understandable but I am not the one who left the company.

Is there any clause as such because I have read on Murthy's website saying then when company withdraw your I-140 then INS do send you a notice saying that your application will be withdrawn however if you have job and working under same job category then probably INS will reconsider the case and may not cancel your status.
 
Kusum

First of all, have you read the link on AC21 and Section 106 c? If you would , you will not ask such questions. It is a law and clearly stated in a memorundum.

You need to have 180 days passed in order to claim what you are claiming. Please consult a lawyer ASAP. Send e-mails to atleast 10 lawyers. You will get different answers but you are much better of by taking the least common deominator. Act FAST.......
 
LongGC

What would happen if 180 days didn't pass and you get laid off and employer didn't care and didn't notify BCIS??. Now that you working with different company using EAD is it a good idea to apply for AC21?
 
Re: LongGC

Originally posted by 2001Case
What would happen if 180 days didn't pass and you get laid off and employer didn't care and didn't notify BCIS??. Now that you working with different company using EAD is it a good idea to apply for AC21?
Click to expand...

My friend did this and his 485 was approved sometime in May'03.
Got laid off less than 180 days, no job for 2-3 months, found
another job with lesser salary, responded to employment RFE
with AC21 and got approved.Employer didn't bother to inform BCIS.
 
2001 Case
As Sep 13 said. You are OK as long as BCIS does not act on your case before 180 days. But if employer revokes I-140 or someone acts on it then you are gone if 180 days are not completed at the time of ACT and not at the time when BCIS takes decision.
 
I may not be an expert on this situation but from the information that I have gathered this is what I understand.

If your I-140 has been revoked by the employer before 180 days after you have applied for your I-485 then there is very slim chance of salvaging your status back to AOS.

But even if the employer revokes your I-140 before 180 days, it is not always possible for BCIS to act on the revocation process immidiately due to various reasons. In the mean time if 180 days have passed since you have applied for I-485 then you have a very strong possiblity for getting your AOS back on track. In such a case you can use AC21.

Please consult with your attorney regarding this situation and make a wise judgement. You may also post a question in Murthy Chat on every Monday Night.
 
BCIS takes the date when they were informed about the case (denial or layoff etc. ) not when they act on it. Please read AC21 memo section 106 c clearly.

Nevertheless, contact lawyer and he may be able to salvage.
Good Luck.
 
LongGC

So you saying if they tell BCIS now that an individual got laid off, it will be too late since the case is pending since 05/01
 
2001Case,

When did 'they' informed BCIS about layoff?

1. Before 180 days then chances are slim.
2. After 180 days and I-140 was approved then no fear.

Hope this helps,
 
LongGC

Thanks for your reply, no nothing happen yet company didn't notify BCIS yet since 2001, so he should be safe and good luck.
 
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