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I485/I140 withdrawl
- Thread starter Ncintu
- Start date
Exile_2001
Registered Users (C)
If they revoke your I-140 before six months of your I-485 process, you cannot AC21.
They cannot revoke your I-485, but can fatally injure it by above before that 180 days.
We need a few more details, like are you working for them now and are they intending to fire you, or are you intending to leave for pastures new?
They cannot revoke your I-485, but can fatally injure it by above before that 180 days.
We need a few more details, like are you working for them now and are they intending to fire you, or are you intending to leave for pastures new?
Yes, if the I-140 has been filed concurrently with I-485 and is pending, it can be revoked at any time while it is pending. This will result in the denial of the I-485 as well.Is there any way an employer can revoke the process of GC after filing I-485.
My I-140 was approved 2 months ago and I-485 is pending more tha 180 days. Can the employer withdraw either I-140/I-485 and stop GC process
If your I-140 has been approved, it cannot be revoked by your employer.
485 is your petition, employer does not have anything to do with it. The employer cannot pro-actively stop the GC process unless there is an RFE on 485 for "employment verification" and your employer will not substantiate the employment offer.
four80five
Registered Users (C)
If your I-140 has been approved, it cannot be revoked by your employer.
As for as i know, I140 can be revoked by the employer even
after the approval. But it will not have any effect in case
you have completed 180 days in I485. since you will be
qualified for AC21.. (provided you have another job with
similar job desc etc)
If I140 is approved and filed concurrently, Do we need to submit the copy of I140 at any stage during I485 process?
You need the I-140 filing receipt or copy of approved I-140 to file with I-485, one you file the I-485 with I-140 filing receipt no problem in future because USCIS has the record of your I-140 approval
What if the company is not providing the copy after using the
AC21 Portability?
----------- Your new lawyer can get your complete file from the past lawyer or you can get the LC copy from DOL under FOIA and also the copy of complete file from your service center use FOIA that has your LC, I-140, but it takes time.
You need the I-140 filing receipt or copy of approved I-140 to file with I-485, one you file the I-485 with I-140 filing receipt no problem in future because USCIS has the record of your I-140 approval
What if the company is not providing the copy after using the
AC21 Portability?
----------- Your new lawyer can get your complete file from the past lawyer or you can get the LC copy from DOL under FOIA and also the copy of complete file from your service center use FOIA that has your LC, I-140, but it takes time.
Hi Exile_2001,
I-140 is approved and six months has passed since filing I485. Can I change my employer. After changing my employer do I need any letter from him. switching the employer happens only after getting a new job ie ONLY with a new job in hand whcih will be similar to the one in labor application.
I-140 is approved and six months has passed since filing I485. Can I change my employer. After changing my employer do I need any letter from him. switching the employer happens only after getting a new job ie ONLY with a new job in hand whcih will be similar to the one in labor application.
Exile_2001
Registered Users (C)
This is what happens when you go away for Christmas and swear to never give a toss about the green card process anymore. Somebody asks you a question directly and you aren't there to answer it. My apologies, Ncintu.
The answer is Yes. I speak from personal experience. I got my I-140 approved then got canned after 11 months of the I-485 process. I have since been taken on by the exciting offshore team that took over from the in-house team. Fancy that, immigrant jobs being outsourced. Such irony.
As far as I am aware, you need nothing from your previous employer. My attorney suggested I was safer to get canned than resign but that is probably just being over cautious and paid by my employer. I certainly would not worry about that.
You will need a letter from your new employer stating job title, duties and salary and stating that the job will still be there when your adjustment of status is approved. This is in case you need to send an AC21 letter - which is between you and your attorney. The consensus on this site is slightly in favor of sending one straight away, I personally cannot be bothered in case I get canned again (I'm too expensive long run for the offshoring business model), I am just going to wait for my RFE.
Otherwise you can get the letter when you need it.
Best of luck and sorry for the late reply.
The answer is Yes. I speak from personal experience. I got my I-140 approved then got canned after 11 months of the I-485 process. I have since been taken on by the exciting offshore team that took over from the in-house team. Fancy that, immigrant jobs being outsourced. Such irony.
As far as I am aware, you need nothing from your previous employer. My attorney suggested I was safer to get canned than resign but that is probably just being over cautious and paid by my employer. I certainly would not worry about that.
You will need a letter from your new employer stating job title, duties and salary and stating that the job will still be there when your adjustment of status is approved. This is in case you need to send an AC21 letter - which is between you and your attorney. The consensus on this site is slightly in favor of sending one straight away, I personally cannot be bothered in case I get canned again (I'm too expensive long run for the offshoring business model), I am just going to wait for my RFE.
Otherwise you can get the letter when you need it.
Best of luck and sorry for the late reply.