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

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abhi485

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UPDATE(03/16/05):employer is threatening me that "he will REVOKE MY I-140".

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
 
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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...
Show him your middle finger and walkout. Once I-140 is approved and 180 days has passed since 485 ND, employer can do absolutely nothing. You are eligible for AC21 if you can find a similar job. Do not depend on your company's attorney anymore, find your own and file change of lawyer with uscis. And remember, people tend to exploit cowards or the ones who act one.
 
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For your info

abhi,

I am in the same situation. nothing will happen to ur I-485. File FOIA to get copy of I-140 approved copy and all ur GC related documents for your records.

make sure you get paid(salary) before you quit stupid employer. even if he does not pay you, you can always file a complaint with DOL.

good luck
chito
 
what is FOIA

chito123 said:
abhi,

I am in the same situation. nothing will happen to ur I-485. File FOIA to get copy of I-140 approved copy and all ur GC related documents for your records.

make sure you get paid(salary) before you quit stupid employer. even if he does not pay you, you can always file a complaint with DOL.

good luck
chito
Click to expand...

What is FOIA and how do you go about filing this?
 
Your employer can revoke, I-140. However, your 485 is not going to be affected by that. check if you have all the receipts you need, if not get them through FOIA, then file AC21 and laywer change form ( G-328 or something like that, I am not sure about the number) (if needed)and AR-11 (if needed). You are safe and covered under AC21 act, so why wait and be threatened. The only criteria is that your future job should be similar in nature to the current one, i.e. if you are a software programmer, you should go in similar job and also, salary should not be less that what is stated in the labor. Geographic area may also count.
 
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I agree with all the opinions listed above. On the cautionary side, don't piss of the current employer anymore than you have to. Because, Some time the stupid USCIS center might send a denial on you I485 based on the I140 revocation, even after receiving your AC21l. Then, you are still safe as the Service center goofed off with your AC21, then you would end up with some sleepless nights until the issue is resolved. This is doable and some folks have gotten approvals that went through that scenario.

My intent is not to scare you. But try to depart in freindlier terms even if your employer is a moron (He sounds like he is one).

Anyway, the good news is you are covered under AC21 and 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...
all the above advice about doing various things to your current employer's ass are essentially correct. once you invoke AC-21, your i140 is protected. however, you do have to do it in a smart way: first, make sure that you meet the criteria: 180 days have passed since approval of your i140 and you have worked for your original sponsoring employer for this period (to be safe), then your new job matches as close as possible the description in your LC. then, get a NEW lawyer to send a change of employment notification to NSC, specifically invoking AD-21 for this job change. once the letter is received by NSC, your i140 is "inherited" by your new employer who then becomes its owner, and it is thus protected from your old employer.

judicious foreplay makes what is to follow much more enjoyable;) good luck!
 
I concurr with what SRIREDDY has mentioned . Someone on the VSC board mentioned the same thing what SRIREDDY has mentioned . As he has mentioned that its not to scare you but to do all the stuff carefully with patience.

Good luck and play safe .!!!
 
According to the AC21 low, and I just checked with my atorny, they can't hurt you no matter what after 180 days from the ND of the 485 and I140 approved.
the service center has to approve the AC21 only, and that will require the same nature of work and salary. Don't get scared. I did it earlier and guess what on the 180 days exactly.
I told you earlier, just f*** there A** as simple as that.
 
Thank You Friends For The Moral Support

Hi Friends,
Thank you all for the valuable advices.I'm really overwhelmed by all your responses,and I decided to leave the employer(as all rightly called him a Jer*).
Now my heart is pounding normal.I also talked with my cousin's attorney,and he also gave the same advice,that "I can easily/proactively invoke AC-21 from NSC".

Thanks All,
Abhi
 
How long will it take for the I-140 revocation?

Hi All,
How long will it take for my employer to actually revoke I-140.say if he sends the revocation letter today????
Thanks for all you help friends,

Abhi
 
Create portfolio

NSC will take considerable amount of time to process ur employer's request, by the time you may get i-485 approval. But, it does not impact ur 485 anyway. To be precausious, you can monitor the status of I-140,485 cases by creating a portfolio in http://www.uscis.gov. "Last Updated date" in portfolio will tell you when your case has been touched.

let me know if you had any other problem like employer not paying you for the days you have worked.....

chito
 
Update:update:update

Hi All,
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.
 
abhi you did good,
your old employer is real mother fu**r and jealous piece of shit. you make sure u get paid from this bastard. If not do something complain to DOL send letters to IRS if your paystubs wont match W2's . You can actually warn your employer if he did something like this. cheap shit employers usually do some gimmicks in payroll. My W2 wont match my paystub YTD. so I left my old employer complained to DOL about not paying and sent a letter to IRS( atually IRS guided me how to do this). IRS really f***d them up. all other employees had to leave him.
 
You should be fine. Do not worry about a few days inbetween jobs, I guess you are going to work on your EAD. Once you start using your EAD, there is some grace period before you find yourself another job (I am not sure exactly how long, but at the max 6 months I guess, correct me if I am wrong about this). So 7 days should be fine.
 
For safe request your current employer to give an employment letter from the day you left previous employer. And consider those days as leave without pay.
 
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