Employer Threatening me that he would revoke my I140

[pacha_card]

Hello everybody,

Please help me by giving your valuable suggestions.
Considering myself qualified to change the employer under AC21, I have joined new employer leaving the original employer who had filed my GC process. But now my original employer is threatening me that he would revoke my I-140 and wanted to use it for some body else. He even challenging me that he had done that ealrier for others and had succeeded, and he is telling me that, in such cases the first person would loose the status. Is that correct or is he just playing a trick to threaten me. Please clarify.

My new employer is ready to support me in all aspects like issuing the
EVL with the same duties and salary which were mentioned in the substitue labor. And one more thing is after taking pepole's advise on this forum I have requested my new employer to apply for 7th year extension of H1B and it was approved.

MY case details.

Mine is Substitute labor case - EB3
Priority date 11/26/2002
I-140 & I-485 applied on 09/03/2004
I-140 & EAD Approved on 09/21/2004

Please let me know if my employer's revoke notice reaches the CIS before my AC21 filing papers reaches, would that cause any issue. And also in all respects can my old employer do any harm to me. Please help me.

Thanks,
VG

 

[ac21_help]

read yates memo may 12 search for it

>180 generally means oyu are safe. read and interpret it carefully

 

[ginnu]

Hello everybody,

Please help me by giving your valuable suggestions.
Considering myself qualified to change the employer under AC21, I have joined new employer leaving the original employer who had filed my GC process.
------------------- if I-140 is approved and I-485 is pending and you get same/similar permanent job offer you are eligible for AC21. try to maintaion H1 status with new employer
But now my original employer is threatening me that he would revoke my I-140 and wanted to use it for some body else.
----------------- dont reply to him and let him do what he wants to do
He even challenging me that he had done that ealrier for others and had succeeded, and he is telling me that, in such cases the first person would loose the status. Is that correct or is he just playing a trick to threaten me.
Please clarify.
--------------playing a trick to threaten you, dont respont to his email or any phone call
My new employer is ready to support me in all aspects like issuing the
EVL with the same duties and salary which were mentioned in the substitue labor.
---------------------- your I-140 is filed by substited LC, IF the LC was filed for X and I-140 was also filed for X then X may file I-485 and if X gets his I-485 approved then USCIS is supposed to deny your I-485.If no I-140 was filed for X and LC of X was used for you then you are safe
And one more thing is after taking pepole's advise on this forum I have requested my
new employer to apply for 7th year extension of H1B and it was approved.
----------- that is good back up and keep extending H1 and maintain H1 status till your I-485 is not approved
MY case details.

Mine is Substitute labor case - EB3
Priority date 11/26/2002
I-140 & I-485 applied on 09/03/2004
I-140 & EAD Approved on 09/21/2004

Please let me know if my employer's revoke notice reaches the CIS before my AC21 filing papers reaches, would that cause any issue.
-------------- I dont think it will harm you as AC21 MEMO has cleared manypoints in past you need to read that 2-3 times. your I-485 in EB3 will NOT be approved till October 2005 or till Visa is not available for EB3. Better contact your lawyer (NOT company lawyer who filed I-140 and I-485) and file AC21
And also in all respects can my old employer do any harm to me.
----------- I dont think he can harm. it seems he expects money from you, what he wants from you????? what he says??
Please help me.

Thanks,
VG

 

[pacha_card]

Thanks a lot Ginnu and ac21_help. You are always an asset to the whole immigrant community.

Ginnu: As far as I know the X (original candidate) has not filed I 140 because when the company filed my I-140 they have issued a letter to INS stating that they have not used this LC for any body to file I140. So I am pretty sure that they have not used this for any body.

Thing is this company is a very good desi company, because it is run by good management(I mean no cheating at least), But once in a while some marketing jerk jumps in and starts to threaten the people to get his marketing comission.

- VG

 

[ginnu]

Thanks a lot Ginnu and ac21_help. You are always an asset to the whole immigrant community.

Ginnu: As far as I know the X (original candidate) has not filed I 140 because when the company filed my I-140 they have issued a letter to INS stating that they have not used this LC for any body to file I140. So I am pretty sure that they have not used this for any body.
---------------- if that is the case no need to worry
Thing is this company is a very good desi company, because it is run by good management(I mean no cheating at least), But once in a while some marketing jerk jumps in and starts to threaten the people to get his marketing comission.
--------------------- ignore them and dont reply to email(save the emails what they are writing)
- VG