General question on 140 revokation

[fast_gc_seeker]

unitednations,ginnu,therealcanadian,other gurus. I’ve a very simple question on how the approved 140-revocation is interpreted.

We all know GC is for future employment. Company files labor and 140. when filing 140 they specify USCIS of intension of hiring the alien for future job[or current job?]. Lets say then they revoke approved 140 before 180 days of 485. Does that mean they dont want the alien anymore or that job offered to the alien is eliminated or something else?

Bottomline: If any employer revokes many approved 140's then isn’t it true that they can be questioned by USCIS? Don’t u think such companies can be in trouble? I may be wrong but not many companies go the route of revoking approved140's just because USCIS may question them when they apply for new 140 in future. Is this true?

 

[TheRealCanadian]

Lets say then they revoke approved 140 before 180 days of 485. Does that mean they dont want the alien anymore or that job offered to the alien is eliminated or something else?

Any of the three. Bottom line it means that they are no longer interested in sponsoring a particular alien for a particular position.

If any employer revokes many approved 140's then isn’t it true that they can be questioned by USCIS? Don’t u think such companies can be in trouble?

If there are a lot of revoked/withdrawn I-140s then yes, USCIS may take a look at it. It's all a matter of degree - if a large company is sponsoring a lot of immigrants then the odd I-140 withdrawal/revocation shouldn't make too much of a difference.

 

[fast_gc_seeker]

It's all a matter of degree - if a large company is sponsoring a lot of immigrants then the odd I-140 withdrawal/revocation shouldn't make too much of a difference.

Thanks unitednations,therealcanadian for your reply.

Lets say if company large company who are sponsoring a lot of immigrants revokes an approved 140. Will be USCIS question them if they file a new 140 petition based on cleared labor which is exactly same as the revoked 140? How will such a company file for new 140 if they use similar job description in most of labor applications they file?

 

[TheRealCanadian]

Will be USCIS question them if they file a new 140 petition based on cleared labor which is exactly same as the revoked 140?

There's nothing in the law that says they cannot withdraw/revoke the I-140 and then use the exact same labor cert again. We had a need for an alien worker, but decided that alien worker X did not meet our needs. We now want to fill the position with alien worker Y. Revocation does not necessarily mean that the position no longer exists.

 

[fast_gc_seeker]

This discussion is very important to many guys.
If company A revoked 140 of a alien, who has already completed 6years. Can that person stay in USA. I read in this latest document, that its impossible for employer to cancel labor certification if that person has completed his 6years of stay.

Does it matter, if alien is USA with 140 approval and suddenly his empolyer revokes, Will he gets 485 approval.

Labor cannot be revoked. 140 revokation done after 180 days from RD of 485 will not be honored by USCIS under AC-21 rules. anybody whose 485 is pending can legally stay until its approved or denied and has nothing to do with 6 yr stay.

 

[ginnu]

This discussion is very important to many guys.
If company A revoked 140 of a alien, who has already completed 6years.
----- it depends if that person has filedI-485, if the I-485 was pending more than 180 days and when the employer A revoked the I-140, you need to provide the full info of your case
Can that person stay in USA. I read in this latest document, that its impossible for employer to cancel labor certification
------ employer can cancell the LC but they dont do it becase it can be used for other candidate
if that person has completed his 6years of stay.

Does it matter, if alien is USA with 140 approval and suddenly his empolyer revokes, Will he gets 485 approval.
------ has the person filed I-485? if yes what is reciept date? when employer revoked the I-i40? provide the date.
just with approved I-140 a person cant stay in US, other option may be 7th year H1 extension or if I-140 approved and I-485 pending more than 180 days and the I-140 wasnot revoked before I-485 hit pending 180 days, need your details

 

[fast_gc_seeker]

employer can cancell the LC but they dont do it becase it can be used for other candidate if that person has completed his 6years of stay

ginnu, LC is for a 'position' and not for a person. if some company cancels LC then dont u think it means that position is eliminated?