Ginnu, can u help

[cooldude2k4]

I see an LUD on my approved I-140. Does this indicate the employer has requested to cancel it. If so, what are my options???My I-485 is pending for more than 180 days now. I need your help here. Should I worry for this LUD????

If for any reason, my I-140 is cancelled before my 485 is approved (once the dates matched my labor applied date), what are my options. Is this normal with all desi employers??? Do they do it regularly - I mean cancel I-140, once it is approved???

thanks

 

[ginnu]

I see an LUD on my approved I-140.

Does this indicate the employer has requested to cancel it.
----------- may be may be not
If so, what are my options???My I-485 is pending for more than 180 days now. I need your help here.
------------ file the AC21
Should I worry for this LUD????
----no
If for any reason, my I-140 is cancelled before my 485 is approved (once the dates matched my labor applied date), what are my options.
----------- your I-140 is approved and i-485 is pending more than 180 days, you are eligible to use AC21. why you dont read the AC21 MEMO? it is clear that if you have new same/similar job offer you are safe even if the approved I-140 is revoked by past employer

Is this normal with all desi employers??? Do they do it regularly - I mean cancel I-140, once it is approved???
------------ it all depends on employer
thanks

 

[cooldude2k4]

Thanks a lot for your reply

 

[BunnyGC]

ginnu could you please clarify me this.
If I uses AC-21 after 180 days and my employer revokes my approved I-140,
he can use the same labor for some other employee in my company ?

Assume that If that new employee I-140/I-485 filed and 485 approves for
first person, what will happen to me ?. Will USCIS will send denial letter ?

 

[ginnu]

ginnu could you please clarify me this.
If I uses AC-21 after 180 days and my employer revokes my approved I-140,
he can use the same labor for some other employee in my company ?
--------------- he need to revoke the I-140 if wants to use that LC for other person, but if you use AC21(I-140 approved I-485 pending more than 180 days and have future permanent job with same/similar job duties) and your I-485 gets Approved BEFORE other person who used LC , he will not get anything
Assume that If that new employee I-140/I-485 filed and 485 approves for
first person, what will happen to me ?.
------- you will get nothing, But your I-140 is approved and I-485 is pending, I think you will get I-485 approved
Will USCIS will send denial letter ?
----- yes if they deny and will give the reason for denial

http://www.murthy.com/chatlogs/ch040405_P.html

Chat User : Can the labor be reused to substitute after the cancellation of an I-140? Please advise.

Attorney Murthy : An LC may be used for a different employee if the employer revoked the earlier I-140 petition, but there seems to be a new risk that the USCIS will take the position that, if the original employee obtained the GC approval under that LC, even if the employer had revoked it, the new employee and the employer cannot take advantage of the earlier LC approval.