If I-140 is withdrawn, how can the NEW employer help?

[aws]

Folks,

In a case, where one moves on an EADto a new company while his/her I-140 & I-485 were pending well over 180+ days, this irks the sponsoring company and so, they retaliate by withdrawing the I-140 application.

In this case, what can the new company, which is a world reputed company with operations worldwide, do to ensure the beneficiary's GC is not affected?

Do one losses the GC process entirely? At what point can the new company replace the old company in the GC process?

thanks!

 

[curiousGeorge]

AC-21 states that if the previously approved I-140 is revoked and the I-485 case has been pending for more than 180 days then the I-485 cannot be denied for this reason alone.

Although that's what the memo says, there have been cases where USCIS has made the mistake of denying the I-485 any way.

LongGC had this exact situation:

http://www.immigrationportal.com/showpost.php?p=822296&postcount=67

Hope this helps

 

[aws]

you did not get my Q correctly!

CuriousGeorge,

thanks for the reply.

however, my Q is related to withdrawal of pending I-140 and NOT revoking of I-140.

Pl. answer accordingly.

 

[curiousGeorge]

what is the difference?

 

[aws]

for unitednations

friend,

thank you for ur earlier reply.

I understand that 485 EB based is dependant on I-140.
In a case where an employer withdraws I-140 before it is approved, how can the new employer help so that the GC process is not affected?

Do you or anyone has any insights on this issue? thanks!

 

[dazzling]

friend,

thank you for ur earlier reply.

I understand that 485 EB based is dependant on I-140.
In a case where an employer withdraws I-140 before it is approved, how can the new employer help so that the GC process is not affected?

Do you or anyone has any insights on this issue? thanks!

Even though the AC-21 rule does not state so, the interpretation is that one should not use AC-21 if your 140 has NOT been approved. If you do, your 485 will most likely be denied (if the sponsoring company revokes 140).

But, people have situations and there have been people on this board who have used AC-21 without 140 being approved, their 140 was subsequently withdrawn by the sponsoring company and they got denied, then they appealed resulting in a successful Green Card. Do a little search and you will find some such people.

As far as your original question goes, "what can a company do in the situation you described" - NOTHING. It does not matter if the company is multinational with earnings in billions of dollars or a company is a 5 man shop, the law is same and applies equally to everyone.

DISCLAIMER: These are my thoughts only. I am not a immigration lawyer. Act on this advice at your own risk.

 

[commander]

You are right unitednations.

New employer can not do any thing except for starting new green card process by filing new Labor.