I-140 revocation after 180 days of AOS caused denials!

P

PCee

Registered Users (C)
See thread below on this subject (following is the repost from that thread):
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"This is directly from Sheela Murthy's website. I am very surprise and I agree with Sheela that AC21 would have no meaning if this becomes common. I just don't get it. Anyway, here it is:"

"We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy."
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Jim

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I-140 Revocation and AC21 (Link to actual thread)

http://www.murthy.com/ukac21.html (read 3rd paragraph)
http://www.murthy.com/UD140rev.html (Earlier openion on this subject)

- PCee
 
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That was expected. While policies directly do not outline how to adjudicate I-485 cases with withdrawn I-140, many "progressive" attorneys have suggested that withdrawal does not have any effect after 180-days limit. I guess they were dead wrong.

Further guidance is much needed how to implement AC21 law. It is not that simple as a simple withdrawal... For example, a company can substitute another employee into an already approved I-140 instead of a fired employee for whom the petition was originally filed. Subsequently, the fired employee loses his/her I-140 support however 180 days may have passed since I-485 filing...
 
PCee, say the original filing company goes bankrupt or something like that, does that automatically disqualify the person's 140? (Assuming by now he's changed jobs by now).
 
Originally posted by Silly Man
What could be the causes of a 140 being revoked?
Click to expand...

May be "Employer is not happy when employee leaves to some other using AC21..."
Or
"The company wants to use LC of that employee for some one else by revoking I-140"

-PCee
 
Originally posted by Silly Man
PCee, say the original filing company goes bankrupt or something like that, does that automatically disqualify the person's 140? (Assuming by now he's changed jobs by now).
Click to expand...

No, I think employer need to specifically file for revocation...
-PCee
 
Originally posted by Silly Man
What could be the causes of a 140 being revoked?
Click to expand...

There is no uniform scenario for this. I guess, if one is a rotten person and is actually fired for work relations issues, underperformance, or some violation of a company policy of conduct, e.g. the company is pissed off on that person, then they might go all the way through the I-140 withdrawal.

You see, by law employers are not required to inform INS of any employee termination (um... not life termination, just a job) for purposes of I-140. It is not the case with H-1B, where employers are required to do so.

Therefore, it is always advisable to part with the original employer on "good terms", so not eliciting any retaliation action upon one's poor head.
 
BitterMan, your theory bothers me very much. Based on what you mentioned, basically a company can make ac21 meanless by revoking i140. I just try to confirm that revoking 140 does not apply to layoff.
 
even after layoff a company can revoke your 140 . Unless there are written guidelines for BCIS they willl continue to do what they want .
 
Originally posted by digdugxy
BitterMan, your theory bothers me very much. Based on what you mentioned, basically a company can make ac21 meanless by revoking i140. I just try to confirm that revoking 140 does not apply to layoff.
Click to expand...

INS regulations were supposed to do something about clarification of the whole I-140 mess, but we haven't seen anything since 2001 publications.

I am afraid that I shall continue bothering you with my theories, because I-140 revocation is applicable to layoffs as well. A company does not have to revoke an I-140 petition, but it certainly can do so.
 
I did bring this question in the thread where we spoke of AOS cases being with-drawn. However, while PCee has shown us an example of CSC denying the GC because I140 had been withdrawn, I have seen some cases where CSC refused to reject the AOS application because the employer attempted to withdraw I140 after 180 days, saying that it nullifies AC21.

In both the cases the applicants made us of AC21 to switch to a different company.

This really is very confusing. Since based on the above examples my lawyers told my company not to spend extra money and withdraw the 140 of another employee, since CSC was sure to reject such a request.

I don't know but I guess it depends on the interpretation of the officer handling the case. In any case we know that IQ and EQ levels do not run very high amongst the people at CSC.

I feel bad for the person who lost out his/her GC because of this.
 
Originally posted by GCDreamz
I don't know but I guess it depends on the interpretation of the officer handling the case. In any case we know that IQ and EQ levels do not run very high amongst the people at CSC.
Click to expand...

Well put, GCDreamz! Until INS publishes well-defined regulations on this subject, we may not rely on any "proven" pattern where AC21 cases are being approved or denied based alone on I-140 withdrawal.

Then again, despite the probability that I-140 withdrawal might not matter much should the regulations be published (remember, regulations are not a law and are retroactive), it is better to play it safe and try to convince the former employer not to withdraw the I-140 petition.
 
If someone is in this situation, what's gonna ...

If someone is in this situation, what's gonna happen to him/her. Nothing for GC, and leave the State? or start everything again? Any idea? Thanks.
 
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