GC Just Approved; Employer is withdrawing GC

P

PAKIGUY

Registered Users (C)
Last month I joined Company B who offered me similar permanent job in software. My I-140 was approved and 485 was pending for more than 180 days before I switched employers. Last week my GC was approved.

I was not able to file AC21 paperwork as I was waiting to receive a pay stub from my new employer before I inform USCIS about change of employers using AC-21.

Now my previous employer is revoking my GC. I think, he can only revoke I-140 and not I-485 without my explicit consent.

Further, as my GC is already approved, what does it really mean to me, if he revokes I-140?

Please guide me how to go with this situation.

Thanks.
 
Once your I-140 is approved there is nothing your ex-employer can do, he can not withdraw.

You changed employer after 180 day so your ex employer can not do anything other than threatening you.

I-485 can be withdrawn only by beneficiary a this is your application not employers and when it is pending, yours is approved so don't worry

About not using AC21: You meet the requirement by changing employer after 180 days but you did not informed that is different are and you should consult a immigration attorney.

Thanks

PAKIGUY said:
Last month I joined Company B who offered me similar permanent job in software. My I-140 was approved and 485 was pending for more than 180 days before I switched employers. Last week my GC was approved.

I was not able to file AC21 paperwork as I was waiting to receive a pay stub from my new employer before I inform USCIS about change of employers using AC-21.

Now my previous employer is revoking my GC. I think, he can only revoke I-140 and not I-485 without my explicit consent.

Further, as my GC is already approved, what does it really mean to me, if he revokes I-140?

Please guide me how to go with this situation.

Thanks.
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Thanks KGP and Kothapalli_NC for replying.

You mentioned that once I-140 is approved, employer can't withdraw/revoke the same. I thought that I-140 is the employer petition which can be withdrawn by him.

Just wanted to make sure that my employer can't harm my GC in any manner.

I am still planning to send AC21 paperwork once I receive the pay stub. Do you think it is a good idea to send AC21 even after GC approval?

Will it make things cleaner or will complicate the case if my employer takes any adverse action against my GC?

At the most, what harm I should expect from him related to my GC, if any?
 
PAKIGUY said:
Thanks KGP and Kothapalli_NC for replying.

You mentioned that once I-140 is approved, employer can't withdraw/revoke the same. I thought that I-140 is the employer petition which can be withdrawn by him.

Just wanted to make sure that my employer can't harm my GC in any manner.

I am still planning to send AC21 paperwork once I receive the pay stub. Do you think it is a good idea to send AC21 even after GC approval?

Will it make things cleaner or will complicate the case if my employer takes any adverse action against my GC?

At the most, what harm I should expect from him related to my GC, if any?
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you don't have to send anything, as long as you follow the 180 days and similar employment rules.
 
PAKIGUY said:
I am still planning to send AC21 paperwork once I receive the pay stub. Do you think it is a good idea to send AC21 even after GC approval?
Click to expand...

You can certainly send it, but I doubt it will do very much.

One of two things will happen - either nothing (which is likely), or USCIS may issue you a "Notice of Intent to Rescind" which is their way of saying they intend to take away your GC. At that point you will respond with evidence of your AC21 eligibility and the problem should go away.

With that said, an NOIR is sufficiently serious that you may want to consult an attorney in advance so that you can respond quickly.
 
PAKIGUY said:
Thanks KGP and Kothapalli_NC for replying.

You mentioned that once I-140 is approved, employer can't withdraw/revoke the same. I thought that I-140 is the employer petition which can be withdrawn by him.

Just wanted to make sure that my employer can't harm my GC in any manner.

I am still planning to send AC21 paperwork once I receive the pay stub. Do you think it is a good idea to send AC21 even after GC approval?

Will it make things cleaner or will complicate the case if my employer takes any adverse action against my GC?

At the most, what harm I should expect from him related to my GC, if any?
Click to expand...


You have a case, since you was with your employer till 180 days (your paystubs should support this) after filing I-485. In that case revoking the I-140 has no effect on you.
 
Hi Gurus,

>>> You have a case, since you was with your employer till 180 days (your paystubs should support this) after filing I-485

Can someone else also please validate the above statement.

I thought the 180 days is based on the I485 receipt date + 180 days. It is nothing to do with the paystubs from the employer.

Please help
 
helpme123 said:
I thought the 180 days is based on the I485 receipt date + 180 days. It is nothing to do with the paystubs from the employer.
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That's correct. There is no requirement to be employed by the sponsor during this time. With that said, if you were employed during the 180 days it makes life simpler in case USCIS ever questions your intent.
 
Can an employer A "retroactively" withdraw the I140?
I.e. Lets say employee has approved I140 on Jan1st, and on Feb 1st he completes 180 days of I485 pending. But he is on vacation since Jan15th and on feb10th he joins another employer B invoking AC21.
Now can the employer A revoke the approved I140 on feb15th, saying there is no more job offerening "as of Jan15th" (which would be before the 180 days).
Since the employee did not join/have offer from employer B on Jan15th, is he in trouble?

TheRealCanadian said:
That's correct. There is no requirement to be employed by the sponsor during this time. With that said, if you were employed during the 180 days it makes life simpler in case USCIS ever questions your intent.
Click to expand...
 
calabor said:
Can an employer A "retroactively" withdraw the I140?
I.e. Lets say employee has approved I140 on Jan1st, and on Feb 1st he completes 180 days of I485 pending. But he is on vacation since Jan15th and on feb10th he joins another employer B invoking AC21.
Now can the employer A revoke the approved I140 on feb15th, saying there is no more job offerening "as of Jan15th" (which would be before the 180 days).
Click to expand...
If the employer could backdate revocations like that, it would defeat the whole purpose of the AC21 portability provisions. If the job ceased to exist as of Jan. 15th, they should have requested the revocation on Jan. 15th.
 
PakiGuy, What is the current status of your application? Did your employer revoke your GC?

Anyone else here with similar experiences?
 
As some people pointed out above, the old company can only revoke I-140, not the GC (or I-485) itself. It happened to me last year. I joined a new company while I-485 was pending for a year and a half. I didn't file AC21. Two months later my I-485 was approved. The old company, following their law firm Fragomen's advice, sent USCIS a letter requesting the revocation of I-140. Fragomen also sent me a registered mail stating what they did and suggested that I seek legal representation 'as I-140 is a base petition for I-485 and its revocation might affect my permanent resident status'. It was nastily unsettling. At that time I dreaded getting NOIR any day. And I read a horror story right here on this website about a guy who did get NOIR. I thought about sending belated AC21 but my new company lawyer talked me out of it. He said it would only raise red flags and without finding fraud or misrepresentation, it alone shouldn't have adverse effect on my status. Still I was paranoid for a couple of months, especially after I saw my I-140 status updated on USCIS online account. LUD changed but everything else (status description, etc) stayed the same. I scoured this portal with the keyword 'I-140 NOID'. After a while though, I forgot about the whole thing.

I so understand the scare but don't worry too much. I woudn't send AC21 at this point if I were you. It's going to be ok.
 
Hi Splendini,

There was an LUD on my approved I-140 after my employer's attorney sent a letter to USCIS to revoke my I-140. Similar to your case, the online status of my I-140 remains unchanged and is still showing the status as approved.

Further, there is no LUD or message change on my I-485.

Still worried as to what has caused I-140 status changed and how to confirm that my I-485 is still intact.
 
Jackolantern said:
If the employer could backdate revocations like that, it would defeat the whole purpose of the AC21 portability provisions. If the job ceased to exist as of Jan. 15th, they should have requested the revocation on Jan. 15th.
Click to expand...

Even he back dates it Mail will not take months to reach. So it should not be a problem.
 
Hi prq 20,

The employer's revocation letter must have caused the I-140 update. In my case, I couldn't think of anything else. It happened about two months after they sent the letter. It's disturbing but not to worry, especially when there's no change on your case status/message.

I did read about a handful of NOID incidents (on pending I-485, not NOIR we feared) on this forum, as a result of I-140 revocation. All of them report changes in the case message. I don't remember the exact phrases but it was something vague like, 'a notice has been sent through wire...'. So I gathered if something was going to happen, the message would've changed.
 
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