Employer withdraws I-140, what are your options?

A

aws

Registered Users (C)
In a case where both I-140 & I-485 are pending for well over 180+ days, and then for some reason if the employer withdraws I-140,

1) what is the immediate effect?
2)what are the choices available?
3) if USCIS is provided with the AC21 letter from new company before this
I-140 withdrawal by the old company, will that help?

I know that this may again lead to the discussion on use of AC21 before
I-140 approval, but I am eager to know then how the new company can save you.

thanks!
 
aws said:
In a case where both I-140 & I-485 are pending for well over 180+ days, and then for some reason if the employer withdraws I-140,

1) what is the immediate effect?
2)what are the choices available?
3) if USCIS is provided with the AC21 letter from new company before this
I-140 withdrawal by the old company, will that help?

I know that this may again lead to the discussion on use of AC21 before
I-140 approval, but I am eager to know then how the new company can save you.

thanks!
Click to expand...

You are right, your questioon is - can you use AC21 if I40 is not approved and 485 is pending for more than 180 days. Below is the ansswer (from Shiela Murthy site- http://www.murthy.com/chatlogs/chat0726.html) which makes clear that you do not have any portability till I140 is approved. Means employer is empowered to withdraw it.

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Chat User : Do you anticipate the USCIS to clear the confusion on AC21, especially on its use even if the I-140 and I-485 are pending for more than 180 days?

Attorney Murthy : The USCIS has already cleared up that issue in their August 2003 Memo, which we have written about extensively on our website. Their position is that the I-140 has to be approved and the I-485 has to have been pending for over 180 days for one to take advantage of AC21 portability. Although AC21 law does not require that the I-140 be approved, keep in mind that, at the time of the AC21 law's passage in October 2000, the I-485 could only be filed if the I-140 had previously been approved. Concurrent filing only started from July 31, 2002, so the USCIS believes that its interpretation is justified. Someone who has been adversely affected may decide to test this rule in court in a lawsuit.
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