If Employer Withdraws I140, while I485 Pending

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sadhwani1

Registered Users (C)
Hi I had asked a couple of days ago abt leaving the country while I485 was pending, in one of the answers I was informed that the employer might withdraw the I140, My question is should this happens what are my chances of keeping the I485 alive, cannot use AC21 as will be selfemployed out of the country, that is my understanding, PD is march 2005, EB3, Rest of the world category, I140 was approved in may 2007, I485 was filed on Sept 14 2007, with TSC, processing currently Aug 17 2007.
Suggestions and thoughts are very welcome
 
So it was filed in July 2007, not September.

To answer your question ... if your employer withdraws the I-140, you need to get another "same of similar" job ASAP or at least a job offer in the US and respond to USCIS with the job letter and supporting documents (copy of your I-485 receipt and a cover letter explaining that your are invoking AC21). Otherwise your I-485 will be denied.
 
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Jackolantern said:
So it was filed in July 2007, not September.

To answer your question ... if your employer withdraws the I-140, you need to get another "same of similar" job ASAP or at least a job offer in the US and respond to USCIS with the job letter and supporting documents (copy of your I-485 receipt and a cover letter explaining that your are invoking AC21). Otherwise your I-485 will be denied.
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More or less, documents were sent in July but the receipt is marked by USCIS as Sept 14th, so basically I will have to find someone who would be willing to hire me on paper, am I correct?
 
sadhwani1 said:
More or less, documents were sent in July but the receipt is marked by USCIS as Sept 14th, so basically I will have to find someone who would be willing to hire me on paper, am I correct?
Click to expand...
find other employer who is ready to give you job AND Job offer letter with same/similar job duties and then you can invoke AC21. USCIS can ask more documents like ability to pay from new employer.
 
sadhwani1 said:
Hi I had asked a couple of days ago abt leaving the country while I485 was pending, in one of the answers I was informed that the employer might withdraw the I140, My question is should this happens what are my chances of keeping the I485 alive, cannot use AC21 as will be selfemployed out of the country, that is my understanding, PD is march 2005, EB3, Rest of the world category, I140 was approved in may 2007, I485 was filed on Sept 14 2007, with TSC, processing currently Aug 17 2007.
Suggestions and thoughts are very welcome
Click to expand...

You need to read AC21 MEMO.

* I see problems for your I-485 as you are going to work out of US and will not be working in US. to invoke AC21 one need to find same/similar job . form I-485 is filed for adjustment of status IN US.
You should go to your lawyer with all your details and what you plan to you.
 
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