I-140 revoke rules

S

subrasesh

Registered Users (C)
Hi gurus

I filed for I-140 / I-485 in october-2002 through a company A and got a RFE in December-2003. Mean while I got laid off but the company A has responded to the RFE. I am waiting for the approval but when replying to the RFE, I promised my company A to join them back.

At present I am in company B. After the I-140 approval if I decide not to join my old company A, what are the chances that the company A can revoke my I-140 petition ? Is it possible legally ? I don't want to leave the current employer as I have better position / salary.

Gurus - Please advise me.
 
Originally posted by subrasesh
Hi gurus

I filed for I-140 / I-485 in october-2002 through a company A and got a RFE in December-2003. Mean while I got laid off but the company A has responded to the RFE. I am waiting for the approval but when replying to the RFE, I promised my company A to join them back.

At present I am in company B. After the I-140 approval if I decide not to join my old company A, what are the chances that the company A can revoke my I-140 petition ? Is it possible legally ? I don't want to leave the current employer as I have better position / salary.

Gurus - Please advise me.

Not a guru... but I'll give it a shot ;)

You have completed 180 days from the filing date of your 485. So you can use AC21 and switch jobs. Also your company will NOT be able to withdrw an approved 140 once the beneficiary has completed 180 days from the filing of 485.

hth
dyno

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Thanks for the reply.
I heard there is a rule which says an employee has to stick to the GC processing employer for a reasonable period of time after I-485 approval. If not, INS can initiate enquiry ?
I thought the same law applies for I-140 also. If I change job after I-140 approval and 180 days after filing I-485, this shows I don't have a real intention of working with the employer.
Hopefully I can change job using AC21.
 
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