I-140 Revoke/Ac21 question...

[eppo_varum_enGC]

I have few questions regarding I-140 & AC21. Sorry to ask, if answer to this questions availavle somewhere in the forum. Appreciate, if some one thro some light.

1. Can an employer revoke/cancel I-140 application after its approval?

Questions Regarding Job change Perior to I-140 Approval based on new memo by Mr. Yates

2 If I change the employer after the six months of I-140/485 (with EAD & using AC21) pending date with USCIS, can my former GC sponsered employer able to revoke/cancel I-140 after six months?

3. If I change the employer after the six months of I-140/485 (with EAD & using AC21) pending date with USCIS, Who will be the replying authority in case if USCIS issues an RFE in I-140, regarding my education or experience? Will it be my former employer who sponsered my GC or the new employer?

Thanks

 

[sjetly]

I have few questions regarding I-140 & AC21. Sorry to ask, if answer to this questions availavle somewhere in the forum. Appreciate, if some one thro some light.

1. Can an employer revoke/cancel I-140 application after its approval?
---Yes. Employer can WITHDRAW I-140 after approval.

Questions Regarding Job change Perior to I-140 Approval based on new memo by Mr. Yates

2 If I change the employer after the six months of I-140/485 (with EAD & using AC21) pending date with USCIS, can my former GC sponsered employer able to revoke/cancel I-140 after six months?
---Yes. Employer can withdraw an already approved I-140. The six months of 485 have nothing to do with it.

3. If I change the employer after the six months of I-140/485 (with EAD & using AC21) pending date with USCIS, Who will be the replying authority in case if USCIS issues an RFE in I-140, regarding my education or experience? Will it be my former employer who sponsered my GC or the new employer?
---If I-140 is already approved, then why should there be any RFE related to it? If it is not approved, then RFE goes to petitioning employer. There can be an RFE on 485 but that will go to attorney who filed for I-485 or to yourself if you filed it on your own.

Thanks

 

[ginnu]

I have few questions regarding I-140 & AC21. Sorry to ask, if answer to this questions availavle somewhere in the forum. Appreciate, if some one thro some light.

1. Can an employer revoke/cancel I-140 application after its approval?
--------------yes
Questions Regarding Job change Perior to I-140 Approval based on new memo by Mr. Yates

2 If I change the employer after the six months of I-140/485 (with EAD & using AC21) pending date with USCIS, can my former GC sponsered employer able to revoke/cancel I-140 after six months?
--------------------yes
3. If I change the employer after the six months of I-140/485 (with EAD & using AC21) pending date with USCIS, Who will be the replying authority in case if USCIS issues an RFE in I-140, regarding my education or experience?Will it be my former employer who sponsered my GC or the new employer?
-------the employer who filed I-140 and if they dont reply to RFE I-140 will be denied and EAD AP I-485 all will get denied.


******Dont take the risk at this time, join new employer AFTER I-140 gets approved and better join with H1 trasfer as good back up plan
Thanks

 

[eppo_varum_enGC]

Thanks..

Ginnu, sjetly

Thanks for your answers. My I-140/485/EAD (EB2) was just filed a month ago at NSC. I want to stick with my current (good US employer) for a long period. However, I worried about their current financial situation and lay off.

I would like to know, what could be the back up option to continue my GC in case if any undesireable situation arises.

 

[ginnu]

Ginnu, sjetly

Thanks for your answers. My I-140/485/EAD (EB2) was just filed a month ago at NSC. I want to stick with my current (good US employer) for a long period. However, I worried about their current financial situation and lay off.

I would like to know, what could be the back up option to continue my GC in case if any undesireable situation arises.
--------------- only if the present employer is ready to reply RFE to I-140 and NOT going to withdraw/revoke I-140. you must request that if any lay off, till that time stick with them, may be your I-140 gets approved in 2-3 months and in that situation you will be safe. and maintain H1 status dont use EAD
** why do you suspect that your I-140 will have RFE?????

 

[eppo_varum_enGC]

Thanks Ginnu..

I little worried about my unconventional pattern of engineering education in India. I am a Mechanical Engineer. I have 10+2+3year B.Sc+3 year B.Tech in Mech. engg. My Sr Mechanical Engineer position (as per LC) requires 4 year BS in Mech. Engg + 6yrs Exp. I have little worry about RFE due to education, though I have strong edu.equivalency. Few of my college juniors got RFE but most of them gone thro with out any issue in I-140.

Thanks

 

[sjetly]

If your LC is approved, the labor department has looked through your education requirements as per ETA 750A. The I-140 RFE is generally for other company related financial situations like Ability to Pay etc. Please check what were the RFEs related to in the past for your other friends.

Thanks Ginnu..

I little worried about my unconventional pattern of engineering education in India. I am a Mechanical Engineer. I have 10+2+3year B.Sc+3 year B.Tech in Mech. engg. My Sr Mechanical Engineer position (as per LC) requires 4 year BS in Mech. Engg + 6yrs Exp. I have little worry about RFE due to education, though I have strong edu.equivalency. Few of my college juniors got RFE but most of them gone thro with out any issue in I-140.

Thanks

 

[eppo_varum_enGC]

Thanks everyone..

I have got answer for all the questions. Still little confused.

Based on new AC21 memo, At what stage of the process one is really in a secuired position to change the job (100% possibilty of getting the plastic card & assuming no problem with 485 applications), irrespective of what the former employer do with I-140 petition?

Thanks ...

 

[TheRealCanadian]

Based on new AC21 memo, At what stage of the process one is really in a secuired position to change the job (100% possibilty of getting the plastic card & assuming no problem with 485 applications), irrespective of what the former employer do with I-140 petition?

Your best situation is after the I-485 has been pending 180 days or more, and the I-140 is approved.

 

[sjetly]

I-140 approved and I-485 is 180 days pending

 

[GCIsTortoise]

That is to say even if your fomer employer withdraws your I-140, you are still okay? As long as your new employer supports you.

Your best situation is after the I-485 has been pending 180 days or more, and the I-140 is approved.

 

[TheRealCanadian]

That is to say even if your fomer employer withdraws your I-140, you are still okay? As long as your new employer supports you.

Yes. If your approved I-140 is revoked at the employer's request, then you will get an NOID. The only thing to watch out for is that the NOID must be responded to within 30 days.

 

[eppo_varum_enGC]

Yes. If your approved I-140 is revoked at the employer's request, then you will get an NOID. The only thing to watch out for is that the NOID must be responded to within 30 days.

Why should an employer revoke I-140 after its approval? What will be the normal reason? Is it mandatory by the immigration law if an employee quits the job (before or after I-140 approval) the employer should inform the USCIS that the employee is no longer with them (like H-1b job change)?

 

[TheRealCanadian]

Why should an employer revoke I-140 after its approval? What will be the normal reason?

There's no obligation on the part of the employer to revoke the I-140 if there is no longer any intent to employ the alien, unlike the H-1B. Some employers do so as a matter of course, just to be sure.

 

[pralay]

Why should an employer revoke I-140 after its approval? What will be the normal reason? Is it mandatory by the immigration law if an employee quits the job (before or after I-140 approval) the employer should inform the USCIS that the employee is no longer with them (like H-1b job change)?

Many small companies do revoke "unused" I-140 to keep their petition numbers lower. It makes them easier to get future visa petitions (either I-140 or H1) approved. In addition, they can use the very same approved LC (as substitute) for another new I-140 for their new employee.

 

[eppo_varum_enGC]

It was a nice discussion. I understand that it is the responsibility of first GC sponsering employer to answer any RFE associated with I-140 adjudication, if the beneficiary alien port the job after 180 days of pending of I-485.

What will happen if the original GC sponsered company (A) does not exits or out of bussiness at the time of USCIS issues an RFE on I-140 regarding beneficiary's educational qualification? For example, alien port the job after 180 days of pending of I-140 and I-485 (concurrently filed) by using AC 21. At the time of AC21 invocation, the I-140 remains unadjudicated.

Down the road, may be after 6 months of AC21, USCIS issues an I-140 RFE just to verify the education of the alien. Now the employer A does not exits. Can the employer B answers the RFE, as it is just the educational qualification of the beneficiary?