how to ask employer NOT to withdraw I140

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whorl1quote

Registered Users (C)
As people have been discussing about applying AC21 on pening I140, it's very important the old employer would not withdraw the I140 case. My question is that, in bigger companies like mine with 5000+ employees, what's the best strategy to negotiate?

Bigger companies tend to be more inflexible. However, my company had a one-time accomocation for the green card applicants when it had its major layoff in 2001. It did not withdraw all the pending I140s.

Any thoughts of getting around this problem? I actually wonder if there is any legal ground for the applicants to negotiate? any thoughts? anyone who's ever successfully did this?
 
Talking to your boss would be the best bet! He/She's going to fight for you if you have good terms. Tell them how important it is for you, how long (3-4yrs) you have waited to get to this stage, and ask them to do this favor. Tell them if they don't do this, you will have to pack 2 suitcases and return within 30 days in case you become out of status. It's very unsettling.
 
As far as I know, you cann't use AC21 on pending I-140. You could only use AC21 once I-140 has been approved and 180 days has passed filling I-485.
 
whorl1quote said:
As people have been discussing about applying AC21 on pening I140, it's very important the old employer would not withdraw the I140 case. My question is that, in bigger companies like mine with 5000+ employees, what's the best strategy to negotiate?

Bigger companies tend to be more inflexible. However, my company had a one-time accomocation for the green card applicants when it had its major layoff in 2001. It did not withdraw all the pending I140s.

Any thoughts of getting around this problem? I actually wonder if there is any legal ground for the applicants to negotiate? any thoughts? anyone who's ever successfully did this?
Click to expand...

Usually big company people know about revoking H1. Most probably they will not have the idea about revoking the I-140. So do not ask it unless you know that they will revoke that.
In one of my friend's company HR did not have the idea of revoking I-140. After my friend was laid off he was worried about that. So he discussed this with an employee who was not laid off at that time. This employee called HR and started to ask the questions about revoking. HR then came to know about pending I-140 and sent the revocation notices.
 
these are interesting tactics. The hard part is how to get to know if the company is going to revoke. HR people who are in charge of immigration come and go. We've changed law firms three times in four years.

I asked my manager to "test water" a little with the HR and it sounded that HR thinks they are supposed to revoke.

My question is: is it ethical to ask my current atterney to be my private atterney after I leave the company? He is going to be the person who know if I got RFE, etc.

Another trick I had is to ask those who used to handle immigration and now moved on. They should feel more relaxed to tell you the best way to negotiate with the current right person with right strategy.

Any thoughts?
 
hi experts any recommendations?

I am not sure if I should approach the people in charge and ask them to keep my pending I140. Or I should just remain silent and they may not even remember to withdraw the I140?
 
Documents from employer

Hello All,

What are the documents we need to collect from employer before moving to the different company using AC21.

Note: My 140 is cleared, 140/485 filed in 5/2004.

I appreciate your advise.

Regards
Kat
 
What else

Thanks hmd, my 140 is approved so I need to get labour approval & 140 , mine is a labour sub.

Regards
Kat
 
I too sail on the same boat

whorl1quote said:
these are interesting tactics. The hard part is how to get to know if the company is going to revoke. HR people who are in charge of immigration come and go. We've changed law firms three times in four years.

I asked my manager to "test water" a little with the HR and it sounded that HR thinks they are supposed to revoke.

My question is: is it ethical to ask my current atterney to be my private atterney after I leave the company? He is going to be the person who know if I got RFE, etc.

Another trick I had is to ask those who used to handle immigration and now moved on. They should feel more relaxed to tell you the best way to negotiate with the current right person with right strategy.

Any thoughts?
Click to expand...

labor EB2- RD: May 2001, AD: Nov 2003
I140/485 conncurrent (RD:01/21/04) (Both pending) - VSC
My company (over 5000+) employees changed law firms 3 times. My files went from one end of country to other end. The last firm is been for only 2 months. When I checked with the current law firm, they mentioned not have any policy from my co regarding revoking I-140. I dont know if I need to check with my co. HR to confirm. I know they have policy to revoke H1.
 
My situation is that my manager generally supports my GC application even if I gets laid off; however, he is not sure about the HR/company policy and he does not want to violate company policy. I've thought hard on this issue these days, and below are the points that I think I am gonna ask/teach my manager to negotiate with the HR. I especailly like point 1 and I think it's convincing. How do you guys think?

1. My manager "intend" to hire me back anytime in the future. Since GC is for future employment, it's not right for the company to withdraw the GC, since my manager has the intention to hire me back anytime.

2. Even if I140 is withdrawn, it's going to be a big headache for the company to determine who is going to use the substitute LC. My company has 5000+ employees so it will be a long journey for them to cme up with the policy to determine who else in the company to get the LC.

3. I've worked for the company for close to four years. (I am not sure if the HR will consider this a valid reason or not).

Appreciate any comments.
 
now I am torn between looking to internal transfer or finding a new employer after Dec 2004. I do not like to stay with the same company, as I've so much fed up with the culture there. My two options are:

1) get an internal transfer and wait there. It's going to be very tough life for me if I have to choose this route. If my I140 gets approved in Feb 2005, for example, my new manager is going to hate me because I am going to quit after three months being on the new job. If my I140 is not getting approved anytime soon, I am gonna be so tortured to stay in a company that I hate.

2) get a new job and take the risk of applying AC21 with pending I140/485. I have to also work with my manager to have the company NOT to withdraw my I140. This route is risky, but how risky is it, if my employer agrees NOT to withdraw I140? If my manager can work out a deal with the HR, maybe it's NO risk at all to change to new employer?
 
whorl1quote said:
now I am torn between looking to internal transfer or finding a new employer after Dec 2004. I do not like to stay with the same company, as I've so much fed up with the culture there. My two options are:

1) get an internal transfer and wait there. It's going to be very tough life for me if I have to choose this route. If my I140 gets approved in Feb 2005, for example, my new manager is going to hate me because I am going to quit after three months being on the new job. If my I140 is not getting approved anytime soon, I am gonna be so tortured to stay in a company that I hate.

2) get a new job and take the risk of applying AC21 with pending I140/485. I have to also work with my manager to have the company NOT to withdraw my I140. This route is risky, but how risky is it, if my employer agrees NOT to withdraw I140? If my manager can work out a deal with the HR, maybe it's NO risk at all to change to new employer?
Click to expand...

These are really personal matters where it is difficult give any kind of advise. You hate the job you are doing. You want to quit the company and you want GC. Tough combination.
If I was you I would have just kept quite for some time at least until the approval of I-140. Even if your HR says they will support what is guaranty that they will support you with whole heart. Why to take unnecessary tension when need not have to take one. If you feel that you can get GC with some one else then there is no problem. You are almost their. All you need is a little bit of patience.
 
I always have this question about future GC and would like to know if anyone has an answer.

GC is clearly for future employment so it's possible for a candidate to receive his/her GC without ever working for the sponsoring company before. However, the company has to intend to hire the candidate indifinately at the time the I485 is being approved.

If my above theory is correct, my questions are:
1) what about I140 RFEs asking for paystubs or W-2? Obviously the candidate has not started working yet thus no paystubs nor W2s.
2) what about I140 RFE asking for EVL? can the employer issue a letter of "intend to hire"?
3) will this case more likely be sent to local interview before I485 approval? Will this candidate pass the interview without having W2, paystubs, but only an intention letter from the sponsoring company.
 
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