Ginnu Please Help me

H

HaveMercy

Registered Users (C)
I140 is approved and I485 is past 180 days. I am quitting my old employer and he is threatening me that he will withdraw my I140.. My lawyer is saying not to worry. He is saying let him withdraw and nothing will happen to ur GC. He is also saying not to use Ac21 right away because it could delay ur GC sometimes.


My Questions are

1. Can my old employer do it

2. If so what are the implications for me

3. By not using AC21, can i run into any issue.


Thanks in Advance
 
While you are waiting for ginnu's reply, I dont think I-140 can be withdrawn once it is approved. If you filed I-485 then you should be ok 'cause it is your petition not your employer's. Use of AC21 may or may not increase wait time. Avoid it if you can.

Also, hold onto you W-2s and paystubs cause they may be asked for if RFE is issued for I-485.
 
Well, if the employer tries to withdraw the I-140 then it will not be rejected but a notice of Intent to deny will be issued to the candidate. At that time, you may have to use AC21 and respond to the RFE. Instead you can pro-actively use AC21 and inform uscis which might benefit and invalidate the employer's threat.


HaveMercy said:
I140 is approved and I485 is past 180 days. I am quitting my old employer and he is threatening me that he will withdraw my I140.. My lawyer is saying not to worry. He is saying let him withdraw and nothing will happen to ur GC. He is also saying not to use Ac21 right away because it could delay ur GC sometimes.


My Questions are

1. Can my old employer do it

2. If so what are the implications for me

3. By not using AC21, can i run into any issue.


Thanks in Advance
Click to expand...
 
HaveMercy said:
But can you tell me

What are the pros and cons for employer for revoking approved I140?
Click to expand...
Pros - for you NONE.
Pros - For the employer there is a pro. He will hope that USCIS rejects your application (very very little chance) and reuse the Approved Labor for someone else. Also he is able to scare you, which you are right now.

Cons - For you, it may delay processing as a RFE may be issued. If a RFE is issued on a Case, a case usually looses anywhere from 4-6 months.
Cons for the employer - none.
 
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