I-140 Withdrawl/sue employer??

C

chito123

Registered Users (C)
Hi,
My I-140 got approved and 485 is pending for more than 180 days. I want to invoke AC-21 to change employer. My previous employer wants to revoke my I-140. After reading several postings regarding this subject, I am not worried abt this. My attorney is doing documentation to inform INS. My question is

1. I paid my GC expenses. If my employer revokes I-140, then can I sue him to pay me back whatever I have spent for attorney fees ?

please suggest....

Thank you,
chito123
 
I am also confused with this too... Can an employer revoke a approved I-140 ? Will my I-140 will be denied if employer revokes and I-140 is approved and I-485 is pending for more than 180 days ?

What is the diff between revoke and withdraw ??


unitednations said:
I'm not a lawyer but just our of curiousity, if you are changing employers what damages would you have occurred if they do revoke the 140?

If there is no damage then what could you sue for?
Click to expand...
 
"According to XXXXX.com and their interpretation of the ac21 memo that the uscis released in august 2003, there is a mistake when the uscis used the term withdraw. Withdraw means before approval, revoke means the 140 has been approved."

Great Joke. So USCIS did mistake and this Attorney is correcting it. :D :D

USCIS says that if you pass 180 days after filing I-485 and even if your employer withdraws your I-140 petition while it is pending then your I-485 petition will be processed regularly, if you file AC21 before withdrawal.

Most of you 99.99% will not agree with me. You may still think that Memo has error and attorney is correct.

nanshi.
 
Naanshi...I know you are very helpful on this forum. But can I request you not to state that AC21 kicks in even if I 140 is not approved. Its kind of misleading and it might ruin someone's life. I know you believe AC21 is valid even if I 140 is not approved, but I have not seen any legal backing for that. So if someone decide to quit thier job based on your posting, they may be in big trouble.

Tnx
 
I don't think the statement was attorney interpretation. The site was quoting policy of TSC --
"..The TSC verified its position that the beneficiary cannot use AC21 portability until the I-140 has been approved and the I-485 has been pending for 180 days".
 
Hi ***,
The main purpose of using this message board is to discuss our views in different topics from different angle. I just wrote what I heard from some attorneys and I have never said that I am right. If somebody decides to quit their job based on my posting, that is their mistake.

Thanks,
nanshi.
 
naanshi said:
Hi ***,
The main purpose of using this message board is to discuss our views in different topics from different angle. I just wrote what I heard from some attorneys and I have never said that I am right. If somebody decides to quit their job based on my posting, that is their mistake.

Thanks,
nanshi.
Click to expand...

Just to add my two cents on this. Naanshi could be right in what he says, but in the GC process it is always always advisable to stick to a conservative and safe approach. So the safe approach would be to wait for I-140 approval and 180 days past 485 ND to invoke AC21. One should never invoke AC21 if I-140 is not approved, IF YOU HAVE A COICE. But if someones situation is such that he has to leave the company, due to layoff, company bankruptct etc., then it may not be a bad idiea to invoke AC21, even if I-140 is not approved, so that you can salvage the time you spent on getting labor and filing I-140.

So given a choice go with the safer interpretation because the officer who adjuticates your 485 may be among those 99.99 % who don't agree :)! But if no other option, do try what naanshi suggests.
 
Last edited by a moderator:
As per AC21 August '03 memo, the approved 140 can be revoked by USCIS based on fraud (Even if the underlying 485 is pending for more that 180 days), and in this case the underlying 485 will be denied immediately. It clearly says that in this case the alien will not be eligible for the job flexibility provisions of §106(c) of AC21

--Vortex.

sertra2002 said:
Just to add my two cents on this. Naanshi could be right in what he says, but in the GC process it is always always advisable to stick to a conservative and safe approach. So the safe approach would be to wait for I-140 approval and 180 days past 485 ND to invoke AC21. One should never invoke AC21 if I-140 is not approved, IF YOU HAVE A COICE. But if someones situation is such that he has to leave the company, due to layoff, company bankruptct etc., then it may not be a bad idiea to invoke AC21, even if I-140 is not approved, so that you can salvage the time you spent on getting labor and filing I-140.

So given a choice go with the safer interpretation because the officer who adjuticates your 485 may be among those 99.99 % who don't agree :)! But if no other option, do try what naanshi suggests.
Click to expand...
 
"So given a choice go with the safer interpretation because the officer who adjuticates your 485 may be among those 99.99 % who don't agree ! But if no other option, do try what naanshi suggests"


Serta,
I fully agree with you. if there is option then wait for I-140 approval and you can use AC21 after 180 days from your I-485 filing date. If there is no option at all to wait till I-140 approval, then one can try this.

nanshi.
 
unitednations said:
I'm not a lawyer but just our of curiousity, if you are changing employers what damages would you have occurred if they do revoke the 140?

If there is no damage then what could you sue for?
Click to expand...


hi unidestinations & attorneys,
i know that my prev employer can't damage my GC processing by revoking I-140. Do they have right to revoke, since I have paid all GC expenses ? They just want to give me trouble since I am joining another company. I had enough troubles with current employer. So, i want to sue him to pay all GC expenses if he revokes it. Do i have valid point ?? suggest....

chito
 
You must log in or register to reply here.
Top