hudakchullu
Registered Users (C)
What happens after 140 is revoked by the old employer after invoking AC21? Do we have to apply labour and 140 again under new employer with old PD?
Thanks in Advance,
Thanks in Advance,
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If 140 got revoked. HELP!!!
- Thread starter hudakchullu
- Start date
I-140 revoked
As 180 days have passed on your I-485 adjudication and since your I-140 is approved there is no need to worry. You may file your AC 21 papers with the help of a good attorney. Your current employer must give a letter declaring that you are employed in the same/similar category of job and your company is planning to keep you on employment.
gj
As 180 days have passed on your I-485 adjudication and since your I-140 is approved there is no need to worry. You may file your AC 21 papers with the help of a good attorney. Your current employer must give a letter declaring that you are employed in the same/similar category of job and your company is planning to keep you on employment.
gj
This is not to scare you....just be prepared for this...
Sometimes, USCIS may issue a "Notice of intent to Deny" to you when they learn that the related I-140 is withdrawn by your employer(Ex).
Then, you will have to prove it to USCIS that you didn't violate anything.
Sometimes, USCIS may issue a "Notice of intent to Deny" to you when they learn that the related I-140 is withdrawn by your employer(Ex).
Then, you will have to prove it to USCIS that you didn't violate anything.
hudakchullu
Registered Users (C)
Thanks
Thanks for the info. Appreciate your help.
Thanks for the info. Appreciate your help.
ability to pay
Still company A has prove that they had ability to pay since PD to date you joined new company. Unable to show that is a possible ground to deny I-485 even if the new job is same or similar.
If the I-140 is revoked because employer can not show ability to pay can result in I-485 denial even after job change.
The burden of proof for ability to pay falls on new employer since the job transfer date.
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Still company A has prove that they had ability to pay since PD to date you joined new company. Unable to show that is a possible ground to deny I-485 even if the new job is same or similar.
If the I-140 is revoked because employer can not show ability to pay can result in I-485 denial even after job change.
The burden of proof for ability to pay falls on new employer since the job transfer date.
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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desi3933 said:Still company A has prove that they had ability to pay since PD to date you joined new company. Unable to show that is a possible ground to deny I-485 even if the new job is same or similar.
If the I-140 is revoked because employer can not show ability to pay can result in I-485 denial even after job change.
The burden of proof for ability to pay falls on new employer since the job transfer date.
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Hi desi3933,
Can you please direct me to a news-source about this.I am in a situation where i have to make a decision.Please do provide the info.
Regards.
vicky007 said:Hi desi3933,
Can you please direct me to a news-source about this. I am in a situation where i have to make a decision. Please do provide the info.
The original job must be bonafide and permanent and company must have ability to pay LC wages since PD. This is basis for the original I-140. Failure to establish this can result in I-485 denial.
If there is no basis for the original I-140, then AC-21 can not be used.
Please consider consulting an experienced attorney for your case.
Regards.
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Thanks desi3933,
I knew a company had to establish its ability to pay since PD for a Labor substitution case, but had no idea it was the same for the new sponsoring company for AC-21 Cases.This is the first time i am reading about it.
I am doing searches to confirm, do you have any link to INS/USCIS info on this?
Regards.
I knew a company had to establish its ability to pay since PD for a Labor substitution case, but had no idea it was the same for the new sponsoring company for AC-21 Cases.This is the first time i am reading about it.
I am doing searches to confirm, do you have any link to INS/USCIS info on this?
Regards.
Last edited by a moderator:
its only for the old employer
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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vicky007 said:Thanks desi3933,
I knew a company had to establish its ability to pay since PD for a Labor substitution case, but had no idea it was the same for the new sponsoring company for AC-21 Cases.This is the first time i am reading about it.
It is not for the new sponsoring company, ONLY for the original I-140 petitioner (old employer). The original employer should have ability to pay LC wages from PD to AC-21 Date (or I-485 approval date). In the absence of such ability, the original I-140 can be denied/revoked resulting in possible I-485 denial
I am doing searches to confirm, do you have any link to INS/USCIS info on this?
Regards.
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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gc_retrogress
Registered Users (C)
How does one know if your old I-140 has been revoked?
How does one know if your old I-140 has been revoked?
How does one know if your old I-140 has been revoked?