I140 revocation & AC 21

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I_want_gc_too

Registered Users (C)
Quick question: I am planning on changing companies. I140 approved & I485 into 8 months of processing.

Qs:

(1) Are there any recent laws that will prevent the employer from revoving an approved I140 ?

(2)If they file a revocation, can the INS make a mistake of not looking to see that 6 months have elapsed into 485 processing & hence the 485 & 140 are valid ?

(3) Am i fighting to get my AC21 letter in before the employer files a revocation ?

Thanks mucho !
 
I_want_gc_too said:
(1) Are there any recent laws that will prevent the employer from revoving an approved I140 ?

>> if 140 approved and its > 180 days from RD of ur 485 and if new job is same or similar then even if employer revokes approved 140 u'll be safe if u submit AC-21 letter from new employer.

(2)If they file a revocation, can the INS make a mistake of not looking to see that 6 months have elapsed into 485 processing & hence the 485 & 140 are valid ?

>> after 180 days of pending 485, even if USCIS revokes approved 140 by mistake still u'll be safe if u submit AC-21 letter from new employer.

(3) Am i fighting to get my AC21 letter in before the employer files a revocation ?

>> what do u mean?
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Thanks a lot Fast_GC_Seeker.

What i meant in the third question was if time is critical in filing the AC21 before the former employer reacts by revocating the 140 (You have already answered the question i think because you are basically saying i am safe as 485 is pending atleast 6 months from ND).

1 followup question: Why are you saying that the new employer will need to file AC21 ? Dont I need to file AC21 (in contrast to filing by employer) by assembling a cover letter, paystubs & employer verification document ? Basically, this new employer have made it clear that they dont support sponsoring but I havent got to the point to ask them to furnish me the same or similar job description letter. Once i get the letter, what else do i need from the new employer ? I also hope there wont be problem with my EAD renewal as i will not have a backup H1.

Thanks in advance.
 
I_want_gc_too said:
Thanks a lot Fast_GC_Seeker.

What i meant in the third question was if time is critical in filing the AC21 before the former employer reacts by revocating the 140 (You have already answered the question i think because you are basically saying i am safe as 485 is pending atleast 6 months from ND).

1 followup question: Why are you saying that the new employer will need to file AC21 ? Dont I need to file AC21 (in contrast to filing by employer) by assembling a cover letter, paystubs & employer verification document ? Basically, this new employer have made it clear that they dont support sponsoring but I havent got to the point to ask them to furnish me the same or similar job description letter. Once i get the letter, what else do i need from the new employer ? I also hope there wont be problem with my EAD renewal as i will not have a backup H1.

Thanks in advance.
Click to expand...
Have the new employer provide u AC-21 letter[format listed in other threads].
send this to USCIS proactively or once u get RFE. The employer dosent need to do anything else. There wont be any problem with EAD renewal if your 485 dosent have any issues.
 
Fast_GC_Seeker, thanks very much.

From the posts of AC21 letters & formats, it is the 485 beneficiary who seems to be providing the AC21 letter & one of the attachments is the employer letter.

Am i incorrect that the 485 petition is my personal petition based on intent to work for a future employment permanently ? Through AC21, I am informing BCIS that my intent has changed. Can you please ellaborate on why the employer should furnish the AC21 letter ?

Thanks & Regards !
 
I_want_gc_too said:
Fast_GC_Seeker, thanks very much.

From the posts of AC21 letters & formats, it is the 485 beneficiary who seems to be providing the AC21 letter & one of the attachments is the employer letter.
-------------beneficiary (you) or your lawyer can send AC21 letter, you need to send cover letter in state that your intent has changed and would like to use AC21+ I-485 filing reciept copy + new employer letter for future permanent job after I-485 approval letter from employer should have same /similar job duties as on approved LC
Am i incorrect that the 485 petition is my personal petition based on intent to work for a future employment permanently ?
--YES, I-485 is YOUR petition
Through AC21, I am informing BCIS that my intent has changed.
--YES and you are also informing USCIS that you have new Permanent job offer (with letter from new employer)
Can you please ellaborate on why the employer should furnish the AC21 letter ?
----- Because for I-485 approval you need Permanent job offer, if you dont have any employer to offer you permanent job after I-485 approval then I-1485 will be denied. now it is up to your new employer to give you permanent job offer or NOt, if that employer is not giving you future permanent job offer search new employer who is ready to give you the letter to invoke AC21 and join him with H1 transfer or with EAD

Thanks & Regards !
Click to expand...
 
I_want_gc_too said:
Fast_GC_Seeker, thanks very much.

From the posts of AC21 letters & formats, it is the 485 beneficiary who seems to be providing the AC21 letter & one of the attachments is the employer letter.

Am i incorrect that the 485 petition is my personal petition based on intent to work for a future employment permanently ? Through AC21, I am informing BCIS that my intent has changed. Can you please ellaborate on why the employer should furnish the AC21 letter ?

Thanks & Regards !
Click to expand...

I_want_gc_too,

Employer would not write an AC21 letter, you would. Your employer should give a supporting letter, Employment Verification Letter.
 
AC21 Questions

Hi Gurus,

This is a wonderful form with tons of information. I have been a silent reader.

Have sent in the AC21 along with the required docs as described in the thread to VSC in the month of Feb' 15th 2005. Till now there is no LUD indicating that the case has been updated. But have the confirmation email from Fedex that that package is received.

Any one who has applied for AC21, not changing the status is it normal or will the LUD be changed.

Please advice me as it drives me crazy.

Thanks for your valuable time.
 
ptlsb said:
Hi Gurus,

This is a wonderful form with tons of information. I have been a silent reader.

Have sent in the AC21 along with the required docs as described in the thread to VSC in the month of Feb' 15th 2005. Till now there is no LUD indicating that the case has been updated. But have the confirmation email from Fedex that that package is received.

Any one who has applied for AC21, not changing the status is it normal or will the LUD be changed.

Please advice me as it drives me crazy.

Thanks for your valuable time.
Click to expand...
You sent by yourself or by a lawyer?
 
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