employer is threatening me that "he will REVOKE MY I-140".

A

abhi485

Registered Users (C)
Hi Friends,
My Situation: I-140 approved on May 30th ,2003.I-485 pending from March` 14th 2003.Now I want to change employer using AC21,but my sponsoring employer is threatening me that "he will REVOKE MY I-140".So what are chances of being safe with my I-485 process??Please help me,I'm in dire situation.
Thanks,
Abhi
 
Looks like you gotta suck it up man! play nice with your sponsoring employer and also consult a good attorney (outside of your current attorney) to get a second opinion..good luck
 
abhi485 said:
Hi Friends,
My Situation: I-140 approved on May 30th ,2003.I-485 pending from March` 14th 2003.Now I want to change employer using AC21,but my sponsoring employer is threatening me that "he will REVOKE MY I-140".So what are chances of being safe with my I-485 process??Please help me,I'm in dire situation.
Thanks,
Abhi
Click to expand...

You are perfectly safe and covered by AC-21.

Here is what you should do:
1. If you have signed G-28 for 485 and the lawyer is loyal to your company, call USCIS and get his name removed from your 485 case.
2. Prepare for AC-21 paperwork and send them to USCIS. Search on the portal on AC-21 - lots of people have done it successfully.
 
Jharkhandi said:
You are perfectly safe and covered by AC-21.

Here is what you should do:
1. If you have signed G-28 for 485 and the lawyer is loyal to your company, call USCIS and get his name removed from your 485 case. and you can also hire YOUR lawyer and file new G28 and file AC21 through him
2. Prepare for AC-21 paperwork and send them to USCIS. Search on the portal on AC-21 - lots of people have done it successfully.
Click to expand...

** Jharkhandi is correct you are eligible for AC21, just send AC21 Letter from new employer with same/similar job duties.

even if your employer tries to revoke theI-140 USCIS is not going to revoke I-140 iif you file AC21

** dont care what your past employer is saying let him do what he wants to do file AC21 and relax!!!
 
I also agree with Jharkhandi, ginnu and others.. You can perfectly safe under AC-21.

However, lately in most such cases where employer asked to revoke 140 even after applicant filed AC-21 and 6 months had passed since filing 485, CIS is stupidly ignoring the AC-21 papers and issuing NOID or RFE. That is not a big deal though - just be ready with all new job documents to reply to the RFE/NOID.

Goodluck!

- ab
 
Thanks

Thanks Ginnu,AB,et al,
But how long will it take for the actual revocation to take affect on my I-140.If the employer send the revocation request to USCIS,NSC today???

Thanks,
Abhi
 
Hi abhi485,

I was in the same boat. Actually my employer threatened and he really did revoke my I-140. It is really bad that the employer does that. But anyway it is out of our control.

In my case, it took around 4 months to update in the system. But I had filed for AC21 right away when i changed the employer.

So still the INS issued NOID, so i replied to NOID and now it is transfered for local office. So iam waiting for the interview.

But i can totally understand what you are going through now. But still i dont know whether the step i took is really worth it.

Again it is case to case

So dont worry too much.

Let me know if you have any questions.

Thanks
GlenMD
 
Hi

I am in the same situation as you are.. I changed my employer after I140 approved and 485 is pending more than 7 months. My old employer revoked my I140.. he sent it in July 04.. And i sent my AC21 documents on Aug 04 after getting couple of pay stubs from new employer.

But on Nov 4, 04 they worked on both my I140 and I485...(i found this from online lud)...But there is no message change on both.. I140 is still saying case approved blah blah... and I1485 message is FP received and case resumed blah balh

So I got really concerned and called up USCIS.. First time they said everything is fine and nothing to worry.. But i was not convinced so i called again after a month then the lady said ur I140 is revoked and she u would get denial/rfe in 30 -60 days. But it has been 4 months since the last lud change and neither me nor my lawyer has received anything from them.

So ginnu any guess (just a request) what they might have done on Nov 4, 2004 when they worked on my files.. If they have cancelled my I140 should it not reflect in the online status message.

my lawyer is saying nothing to worry and he is saying that i am perfertly covered by portability. Also he is saying that i might not even get any query/noid.

But i am sure about one thing my case got delayed because of this.... Because all my security checks are complete like Namecheck, FP..And there were lot of approvals from my RD date.

So if you want to use portability i would suggest u to do it only if u think delay is not a concern and if u are in position to handle any query or NOID
 
Hi GlenMD

Can you post ur case details like RD/ND... AND Service Center..

Also what did they ask in ur NOID

My case is filed at VSC and my ND is oct 28, 2003
 
My Details

PD:NOV 16TH 2001
I-140 approved:May30th2003
I-485 RD:March 14th 2003
now on 2nd EAD,applied for 3RD EAD
FP1:04/28/2003
FP2:????????????????????????
 
hi HaveMercy,

My RD - March 2002
Vermont center
waiting for interview for Baltimore office.

Thanks
GlenMD
 
HaveMercy said:
I am in the same situation as you are.. I changed my employer after I140 approved and 485 is pending more than 7 months. My old employer revoked my I140.. he sent it in July 04.. And i sent my AC21 documents on Aug 04 after getting couple of pay stubs from new employer.

But on Nov 4, 04 they worked on both my I140 and I485...(i found this from online lud)...But there is no message change on both.. I140 is still saying case approved blah blah... and I1485 message is FP received and case resumed blah balh

So I got really concerned and called up USCIS..

First time they said everything is fine and nothing to worry.. But i was not convinced so i called again after a month then the lady said ur I140 is revoked and she u would get denial/rfe in 30 -60 days. But it has been 4 months since the last lud change and neither me nor my lawyer has received anything from them.
--- I think you called up 1-800 NCSC and they dont know what is on your file the info they give you is BS they dont work with USCIS and cant look at your file they are just contractors
So ginnu any guess (just a request) what they might have done on Nov 4, 2004 when they worked on my files..
--I dont know
If they have cancelled my I140 should it not reflect in the online status message.
---- some time they update the online status, some time they update after 40-60 days, some time the info on online status is wrong. Take the print outs of online status and keep it with you. keep on checking after 10-15 days and take the print out.
my lawyer is saying nothing to worry and he is saying that i am perfertly covered by portability. Also he is saying that i might not even get any query/noid.
--- may be he is correct if employer sent letter to revoke I-140 after I-140 approval and your I-485 was pending more than 180 days and you informed USCIS and sent AC21 letter
But i am sure about one thing my case got delayed because of this.... Because all my security checks are complete like Namecheck, FP..And there were lot of approvals from my RD date.

So if you want to use portability i would suggest u to do it only if u think delay is not a concern and if u are in position to handle any query or NOID
Click to expand...
 
abhi485 said:
Hi Friends,
My Situation: I-140 approved on May 30th ,2003.I-485 pending from March` 14th 2003. Now I want to change employer using AC21, but my sponsoring employer is threatening me that "he will REVOKE MY I-140".So what are chances of being safe with my I-485 process??Please help me,I'm in dire situation.
Thanks,
Abhi
Click to expand...

Abhi,

You probably already konw that with I-140 approved and I-485 pending for more than 180days, you are best suited for AC21 (as opposed to people with non approval of I-140) ,so as far as that is concerned, I would go ahead and use AC21. Too often, most of us dont take that step and I think we should.

but as far as what is the probability that your employer revokes your I140, you are the best person to determine that...some dont, some threaten, and a few go ahead and do it! personally, I may not use AC21 if I didnt have good relations with my sponsoring employer or if i have the slightest idea that he is crazy enough to do something like that and i didnt have 180 days passed on my I-485 (both maynot be true in your case!)

so, find your comfort level in using AC21, and trust your judgement more than what we got to say, but if you read the William Yates Memo fully, you will know you are just fine... Good Luck :)

PS: I have seen some FPs for I-485 RD close to yours recently, I got an FP call for 04/05/05
 
Last edited by a moderator:
Same boat

abhi485 said:
Hi Friends,
My Situation: I-140 approved on May 30th ,2003.I-485 pending from March` 14th 2003.Now I want to change employer using AC21,but my sponsoring employer is threatening me that "he will REVOKE MY I-140".So what are chances of being safe with my I-485 process??Please help me,I'm in dire situation.
Thanks,
Abhi
Click to expand...

Hi, Abhi,
I am in the same boat, I'd like to change my job but I am afraid that the current GC sponsoring employer will revoke my I-140.
/***************************************
EB3
LC PD: June, 2003
I-140 ND: 8/2004; AD: 8/2004
I-485 ND 9/2004
AP, EAD AD 10/2004
FP scheduled 4/2005
/******************************************/
 
HUNGURY_GC said:
Hi, Abhi,
I am in the same boat, I'd like to change my job but I am afraid that the current GC sponsoring employer will revoke my I-140.
/***************************************
EB3
LC PD: June, 2003
I-140 ND: 8/2004; AD: 8/2004
I-485 ND 9/2004
AP, EAD AD 10/2004
FP scheduled 4/2005
/******************************************/
Click to expand...

U have nothing to worry about once the 180 days are over since 9/2004. Just proactively inform CIS about your job change with AC-21 papers. See my post here for AC-21 papers:
http://www.immigrationportal.com/showthread.php?t=165877

goodluck!

- ab
 
That happened to me when I was in the lC phase. Not directly my supervisor, but a well-known bully in the organization I work for has strong connections to upper management and it happened she was the one assigned internally to handle all my immigration case. After her threat, I waited patiently for an opportunity and then I reported the threat to HR and later to the vice director. In spite of the friendship the director has with the bully, the trust was on my side that day. It is true that she made a mistake:Fortunately the company's lawyer hired to handle my immigration case gave me a hint that the bully called him to report negative things about me. She didn't get fired, but she lost her "manager" title after my report and the company took my immigration case away from her hands, per my request. My I-140+485 is pending now. Upon getting I-140 approved, if that bully ever threats me again, before leaving the company I could file a grievance against her, then her day will be ruined rather quickly. It is a harassement, it is illegal threat people based on citizenship status in this country.

In your case, I'd recommend that you consult a good immigration attorney to make sure you are OK to file Ac21 and hopefully you can leave your employer.



abhi485 said:
Hi Friends,
My Situation: I-140 approved on May 30th ,2003.I-485 pending from March` 14th 2003.Now I want to change employer using AC21,but my sponsoring employer is threatening me that "he will REVOKE MY I-140".So what are chances of being safe with my I-485 process??Please help me,I'm in dire situation.
Thanks,
Abhi
Click to expand...
 
Update:update:update

TO Ginnu et al,

Thanks for all your thoughts and advices.Yesterday I got a email from my "old" ie:"bad" employer that they will revoke my I-140 as of 02.28/2005(that was the lastday I worked for them.).
My question is I took up my new job invoking AC-21 with start date of march 7th.(03/07/2005).So will there be a problem for those 7 days(betwen 02/28 to 03/07) later on during approval time??

Please advice,
Thanks to all,

Abhi

My FP2 had been scheduled for 04/18/2005.But planning on doing it earlier than that.
 
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