Is it possible to revoke approved I-140 by previous employer when we file AC21?

P

pharma_1800

Registered Users (C)
Hi,

Is it possible to revoke approved I-140 by previous employer when we file AC21?

I am planning to join another company as soon as my 6 months period (after filing i-485) is over. My I-140 was already approved.

I filed my GC in California. I would like to join a company in Virginia which comes under VSC. Will there be any problem when we use AC21?

Please share your thoughts/experience. Your comments would help me a lot to make a decision before accepting the offer.

Thanks.
 
pharma_1800 said:
Hi,

Is it possible to revoke approved I-140 by previous employer when we file AC21?

I am planning to join another company as soon as my 6 months period (after filing i-485) is over. My I-140 was already approved.

I filed my GC in California. I would like to join a company in Virginia which comes under VSC. Will there be any problem when we use AC21?

Please share your thoughts/experience. Your comments would help me a lot to make a decision before accepting the offer.

Thanks.
Click to expand...

As long as you use AC21 after 180 days of filing I-485 you are good. And it does not matter where you join as long as you keep the skill set and job responsibilites required same. One problem with switching service center is possible delay in processing as the case may be transferred to the new service center.

Lot of people didn't inform the service center about the new job just to avoid the transfer.
 
rk4gc,

Thanks a lot for your quick response.

Is it ok not to inform the service center when we change employer?
By the time when we get GC, Would it not be a problem if I had switch employer and not informed service center about the change of employer?
 
File for an AC21 only if you get an RFE. Otherwise you are ok. Trick of the trade - Dont reveal anything until asked...
 
pharma

If u change job after 180 days and think ur present employer will send a letter to revoke your 140 after you quit You should inform BCIS about AC21 and new job duties.
 
ghost-rider said:
pharma

If u change job after 180 days and think ur present employer will send a letter to revoke your 140 after you quit You should inform BCIS about AC21 and new job duties.
Click to expand...

ghost_rider,

If I file AC21 immediately after I change the employer, Are you saying that previous employer cannot revoke approved I-140? or even if he tries, I will be protected by AC21?
 
accoding to rules yes your are protected if u had send ac21 letter after 6 months of 485 and employer sends a letter to revoke 140 but some times some moron officer get ur file he still will send u NOID and then u have to again send in a appel and get your things cleared.
 
hi pharma,

I filed my i-485 in mar 04 and exactly after 6months i got a query. This shows that the i-485 is really fast in CSC for the time being. In this scenario I think it will be better if you could wait for a couple of months before you switch.


This is my personal comment and the final decision is yours.
 
Probably it helps to know the company's policy

When I got laid off, my company said they are never going to revoke approved I-140. It is a 2K+ staff company though. Only pending I-140 is revoked and the labor will be used, they said. I changed job and never filed for AC-21 (I read somewhere that USCIS takes about 2 months to attach unsolicited correspondense to the case file). I got approved last week without RFE.
 
AOSWaitAtCSC said:
When I got laid off, my company said they are never going to revoke approved I-140. It is a 2K+ staff company though. Only pending I-140 is revoked and the labor will be used, they said. I changed job and never filed for AC-21 (I read somewhere that USCIS takes about 2 months to attach unsolicited correspondense to the case file). I got approved last week without RFE.
Click to expand...

AOSWaitAtCSC,

Thanks for sharing your experience.
 
fast_gc_seeker said:
Guys check out this forum on similar topic

http://boards.immigration.com/showthread.php?t=132970
Click to expand...

fast_gc_seeker,

Thanks for posting the link. After reading that thread, I even got more confused.


People have different opinions about AC21.

1. Some people say that don't apply AC21 unless you get RFE.

This has lot of risks. If employer revokes the APPROVED I-140, then
USCIS will issue NOID, which would go to the old employer (since you
haven't filed AC21 so USCIS wouldn't know your new employer's info.) and
old employer will not bother to inform you about the NOID and eventually,
we would be anware of this NOID and fail to submit response within
stipulated time. Or probably we would know if we check our status online
and how can we respond to the NOID if we don't have a copy of NOID?
Old employer may not give a copy to us.

2. Some people say that apply AC21 immediately after we change employer.

This will protect us and even if the old employer revokes the APPROVED
I-140, since we filed AC21, we would get the NOID and can respond back
with employment letter etc.

Disadvantage may be that it will take more time. I read in the other thread
that sometime USCIS may misplace our AC21 and may not have record
and if employer revokes the I-140, then NOID may go to old employer, not
to the new employer.

I am still not able to decide. It would be better if more folks share their experiences.

Please note that this thread would help lot of people who are planning to switch employers. So, please share your experiences.
 
it is your own decision if u wanna inform BCIS or not.

I used AC21 and informed BCIS about AC21when they issued rfe for my birth certificate only. they approved my case in 4 days after receiveing of rfe.I had enclosed my AC 21 papres along with that rfe. Lot of ppl had send AC21 own there own and got approved some with and some without rfe and lot of ppl got approved without sending those. But keep in mind Since Ac21 is so new you never know what will happen at the time of citizenship or renewal of ur GC if you don't inform. Second if you send the AC21 and keep the copies along with delivery confirmation for your records and then BCIS misplaces your AC21 papers you can always argue back.

It all depends on person to person how they wanna do it . My view is if everything is in order about ur case then why fear . Tell them evrything and see what they say.
 
You must log in or register to reply here.
Top