I-485 after AC21 twice, can Employer cancel 485

[guest1978]

I have used AC21 to switch from Company A to Company B. Company B filed AC21, G28 letters. Now I am switching to Company C. Company C is going to file AC21, G28 to represent me as far as my 485 is concerned.

In the meantime I am wondering if my current employer B can cancel or do something with my 485 without my written consent?

Thanks

 

[desi3933]

I have used AC21 to switch from Company A to Company B. Company B filed AC21, G28 letters. Now I am switching to Company C. Company C is going to file AC21, G28 to represent me as far as my 485 is concerned.

In the meantime I am wondering if my current employer B can cancel or do something with my 485 without my written consent?

Thanks

I-485 is YOUR application.
Comany can, atmost, revoke I-140. But that should not impact your I-485 application, if it pending > 180 days.

 

[guest1978]

employer impacting 485

Remember, I am talking about the company B(who never filed the 140/485). It was company A who filed both the forms. Company B just represents me after AC21/G28..

I-485 is YOUR application.
Comany can, atmost, revoke I-140. But that should not impact your I-485 application, if it pending > 180 days.

 

[desi3933]

Remember, I am talking about the company B(who never filed the 140/485). It was company A who filed both the forms. Company B just represents me after AC21/G28..

Company B can terminate your employment and can send letter to USCIS that the job is no longer available. May be RFE or Notice to deny in that case.

But, this is worst possible scenario and probably unlikely.

 

[ginnu]

I have used AC21 to switch from Company A to Company B.
Company B filed AC21, G28 letters.
----it is NOT the company B that requested to invoke AC21, YOU have done that as I-485 belongs to you not to A B C D E employer
Now I am switching to Company C.

Company C is going to file AC21, G28 to represent me as far as my 485 is concerned.
-------------YOU or your C company lawyer are going to invoke AC21 by sending job offer letter of C and requestiong that I-485 should be approved based on Latest job offer letter of C
In the meantime I am wondering if my current employer B can cancel or do something with my 485 without my written consent?
------------No, employer A B C D cant cancell your I-485 even your lawyer cant cancell your I-485 YOU have to sign

Thanks

 

[desi3933]

Correct, But ...

------------No, employer A B C D cant cancell your I-485 even your lawyer cant cancell your I-485 YOU have to sign

Correct. But current employer can influence your I-485 application. As part of using AC-21, employer provides a letter of full-time employment offer with details of job duties. The employer can withdraw job offer any time and can send such letter to USCIS. This can result in RFE for I-485 and in the absence of any other job offer, even in I-485 denial.

Please note that I-485 is based on the open job offer. Once the job offer is gone, the basis is gone for I-485 even if I-140 is approved.

 

[neocor]

Thats an interesting question.
But I am thinking that the AC21 Provisions protects you.

I have not seen any memorandum that says anything about a second or third invocation of AC21. So the rule can potentially be interpreted in both ways.

I am sure there are many people here who have switched jobs multiple times using AC21. I guess in all these only one thing need to remain constant, and that is the job requirement that is given in each AC21. It needs to almost exactly match the original that was mentioned at the time of filing Labor.

I think its better we get some comment from someone who has already done that.

neo