I-140 Withdrawal after 180 Days of filing I-485

4

485indiaEB3

Registered Users (C)
Anyone familiar or anycases with the above Scenario.

What will happen to the GC Process and if it affects the entire GC process what are the other options to stay legal in the country.

Advise required.
 
Dont Worry

After 180 Days you own the process and no one can do anything to the process.

You can find another job and start working on the EAD or change your H1. But make sure that you are woking in the similar job Description as in you Labour.


MT

RD-03/21/02
 
Your case will be denied

Unfortunately, You case will be denied since your I-140 has been withdrawn.
 
Pulse

No. The case will not be denied when I-140 is withdrawn by sponsoring company after 180 days of filing I-485. However, if an RFE comes for employment verification, you must be in a position to prove that you are employed and won't be a burden on Social Security system after your approval.

- Bob
 
It depends.

It seems that I140 has not been approved and withdrawn. has BCIS acted on it, have you seen any messages change, did you get any communication from BCIS

I hope the following will help, I think you are in a better situation because of 180 days have already passed, you will atleast need a similar job to sail through this.


http://www.murthy.com/chat1209.html
Chat User : What if an employee is laid off before completing 180 days after filing the I-485 and has an I-140 pending? Can the employee change employers and still preserve the AOS?

Attorney Murthy : If the employer revokes the underlying I-140 petition and the INS acts on that revocation within the 180 days then the INS may terminate the case. The way AC21 law is written, the employee can gain approval of the AOS, as long as it is the "same or similar" job as long as the I-485 remains unadjudicated for 180 days. The issue pertaining to the need to work for the LC sponsor during the initial 180 days has not yet been set forth in regulations, as the regulations still have not been issued.
 
My friend is in this situation and he got a job in the same line after 365 days of filing I-485.

But he doesnt know whether his employer revoked his I-140. But they revoked his H1 B Visa. He got his EAD.

He is March 2002 RD and ND.

Thanks
 
Revoking I-140

My understanding after discussing with many of my friends is, normally the companies will not invoke I-140's, unless the employee leaves them within 180 days of filing I-485. I-140 is filed by company with assumption, hope that you will be employed with them for long time and they will get benifited by your services (I am not talking about kind of companies who screw their employees). If they invoke I-140's, you are definitely in trouble and so is the company. BCIS will also keep track of these cases and the company will be in trouble whenever they file new I-140 cases with BCIS.

Bob
 
what about my case

My 180 days have passed since i have filed for I -485. My rd is Aug 2002. My company is a very small desi consulting firm and i want to quit it voluntarity with out informing the company. I can provide all the relevant documents if a RFE is triggered and even My I-140 is approved even before filing for I-485 in may 2002.

Am I ina safe position now to change the employer without the fear of revoking I-140.Even if he revokes can i have a case.
 
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