How would we know if employer withdraws I-140?

R

rchandran_19

Registered Users (C)
Hi,

If an Employer withdraws I-140, what chain reaction does it triggers????

What would happen to I-485 that is pending?

Thanks,
RC
 
Yes a denial of I-485 is an indication ... but if you have the I-140 case number, you can track for LUDs in the USCIS case status website. This occurs much earlier than an I-485 denial.
 
manwithnoname said:
Yes a denial of I-485 is an indication ... but if you have the I-140 case number, you can track for LUDs in the USCIS case status website. This occurs much earlier than an I-485 denial.
Click to expand...

I just checked in the USCIS website. This is what I saw.
02/24/2008 I140 IMMIGRANT PETITION FOR ALIEN WORKER.

My I-140 was approved long ago: On May 4, 2007, this I140 IMMIGRANT PETITION FOR ALIEN WORKER was approved.

Could it be that my employer is trying to screwup?? I have a very good relationship with my employer but I was just checking and the LUD on my I-140 is 02/24/02008....Any reason why?? :mad:
 
manwithnoname said:
Yes a denial of I-485 is an indication ... but if you have the I-140 case number, you can track for LUDs in the USCIS case status website. This occurs much earlier than an I-485 denial.
Click to expand...

Even if I have passed the 180 days of filing I-485, is AOS in jeopardy if employer withdraws I-140?
 
approved 140

An approved 140 cannot be revoked.
If your 140 was approved, and you have changed jobs under AC 21 after 180 days, there is nothing the employer can do you harm your case.

Russ
 
Assuming 485 Receipt date > 180 days
uscis can issue NOID (most of the cases )
- you will respond to NOID prooving your AC21 capability.
uscis may deny 485 depends on officer (some cases like mine)
- you will apply MTR (costs you money and little bit of risk)

To me either way you are fine.



rchandran_19 said:
Hi,

If an Employer withdraws I-140, what chain reaction does it triggers????

What would happen to I-485 that is pending?

Thanks,
RC
Click to expand...
 
can anybody please confirm that an approved I 140 can not be denied.
my point is a person waits for his turn to get I 140 approved then he changes his job based on pending I 485 for > 180 days. what are the chances he has that the previous employer withdraws his approved I 140 and his pending I 485 will be in trouble?





Russ124421 said:
An approved 140 cannot be revoked.
If your 140 was approved, and you have changed jobs under AC 21 after 180 days, there is nothing the employer can do you harm your case.

Russ
Click to expand...
 
rchandran_19 said:
Hi,

If an Employer withdraws I-140, what chain reaction does it triggers????

What would happen to I-485 that is pending?

Thanks,
RC
Click to expand...

If the I-140 is withdrawn, then all subsequent petitions based on that I-140 (i.e. I-485, I-131, I-765, etc.) would be invalid.

If you have a bad relationship with your employer and you left the company, or if there is a financial problem that the company cannot receive any more I-140 approvals, he may withdraw it. Those are the only reasons I can think of (i.e. that I have experienced) for as to why an employer would withdraw an I-140. Somehow I don't think he/she would just do it for "kicks."

Another thing to note - we have received withdrawal notices (that employer has received from USCIS) in the mail for cases that the employer has withdrawn, but sometimes the website is not updated to show the withdrawal for whatever reason.
 
gc_processing said:
can anybody please confirm that an approved I 140 can not be denied.
my point is a person waits for his turn to get I 140 approved then he changes his job based on pending I 485 for > 180 days. what are the chances he has that the previous employer withdraws his approved I 140 and his pending I 485 will be in trouble?
Click to expand...

It depends on the relationship you have with your previous employer and whether or not he agreed to continue your processing. See below post that I just replied to the other person about the reasons to withdraw an I-140.
 
See my thread on the 485 forum

Employer with drew 140 , 8 months after 485 was filed and 485 got declined..
 
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