Employer may take retaliatory steps

S

sbydbec

Registered Users (C)
Hi,

I have an approved I-140 (EB3-India) with company A and the same company also filed I485/EAD/AP on June 30, 2007. But the company A has not been doing well, they just announced layoffs of 10% workforce, may shut down in 9-15 months. Though I was not affected by layoffs this time, but I am in 6th year of H1B, so I decided to take my chances and move to company B. But when I gave my notice, my director didn't take the news well. I am afraid that he may ask HR to take some retaliatory steps.

How can I find out that employer is taking or planning to take retaliatory steps by rescinding the approved I-140?

Can they take back the I-485 applications also?

any guidance will be appreciated...
 
You have done the biggest mistake in your green card processing

Huh, all these years you have waited had gone down the drain.If you are not effected why did you make such a foolish step. You must have waited 6 months to revoke AC21. Now I guess you have go back in line again and start afresh. Did you consult anyone of your family members before making that decision?
I am sure if he hasn't take positively they would and they can cancel the approved I140. They can do anything.
You should have little patience and if company is not doing well how does it matter to you? You should think of your green card and nothing else. Do you know that there are people who are not paid well but still stick to the employer just for the sake of Green card.
Try to see if you can talk to your director and rescind your resignation letter.
 
Thanks but no thanks!

I would rather be happy going to work every day than worry about things I don't have control on. My sixth year on H1B is coming up in April 08, what if the company shuts down in March, then I will be out of job, and without time on my visa.

My plan is to file a PERM LC, then I-140 and request to port priority date of approved I-140. Then, I could continue to get 1-year or 3-year extension on H1-B.
 
If the recruitment has not been started, If you get lucky it takes a minimum of 2 - 3 months for the whole Perm process (from recruitment to certification). You will be able to file for 140 and request porting of PD after this process. Hope you have already accounted for this scenario.
 
six months. If you think your old company can survive for six months you must stick with them.

It is tough to say since individual sitaution is diffferent but I survived 5 lay offs in my company.

Your 140 could be revoked and you may not have ground for extension of H1. You may still squeeze through thanks to Premier Processing of I-140 but you CAN NOT RELY ON PORTING PD FROM YOUR OLD I-140.


sbydbec said:
Hi,

I have an approved I-140 (EB3-India) with company A and the same company also filed I485/EAD/AP on June 30, 2007. But the company A has not been doing well, they just announced layoffs of 10% workforce, may shut down in 9-15 months. Though I was not affected by layoffs this time, but I am in 6th year of H1B, so I decided to take my chances and move to company B. But when I gave my notice, my director didn't take the news well. I am afraid that he may ask HR to take some retaliatory steps.

How can I find out that employer is taking or planning to take retaliatory steps by rescinding the approved I-140?

Can they take back the I-485 applications also?

any guidance will be appreciated...
Click to expand...
 
bigbang2001 said:
six months. If you think your old company can survive for six months you must stick with them.

It is tough to say since individual sitaution is diffferent but I survived 5 lay offs in my company.

Your 140 could be revoked and you may not have ground for extension of H1. You may still squeeze through thanks to Premier Processing of I-140 but

you CAN NOT RELY ON PORTING PD FROM YOUR OLD I-140.
----------------------------------------------He CAN port the PD if I-140 for him was approved in past and it does not matter even if his I-140 is revoked by previous employer(he need to keep the evidence of past I-140 approval, I-140 approval notice copy or I-140 filing reciept or Online status printout with I-140 reciept #)
Click to expand...
------------------
 
I-140 can be revoked upto 180 days

Also I have found out that an employer can revoke I-140 only upto 180days, after that they can not revoke it.

Another scenario is that I do nothing, wait for 180days after I-485, and then untilize AC21. I don't need to work for current employer for these 180 days.

If the I485 is approved in 180 days, then I'll have to justify that I intended to work for company A but due to some reasons I had to change jobs. ( I would need to hire a good attorney for this).

Thanks everybody for your replies.

But my initial question is still unanswered. How can I find out if my I-140 is revoked? Will it show up in the online case status?
 
You must log in or register to reply here.
Top