Is Revoking is easy????
- Thread starter sree234
- Start date
Did you apply con-current? Post some details about your case so people on the forum can answer.
As for as revocation is concerned it is just letter from the employer that states he want to revoke the I-140. Usually it includes your receipt number or (and) A number. That is what needed spoil the things.
As for as revocation is concerned it is just letter from the employer that states he want to revoke the I-140. Usually it includes your receipt number or (and) A number. That is what needed spoil the things.
I filed in EB3. Jan,2004, concurrent
My 140 online status/LUD is not changed. I got information of approval from my employer. when i asked the copy of approval he said that 140 belongs to company.
Recently giving some messages like revoking if iam not with that company until greencard process is completed.
I don't know whether my 140 is approved or still processing
thanks
My 140 online status/LUD is not changed. I got information of approval from my employer. when i asked the copy of approval he said that 140 belongs to company.
Recently giving some messages like revoking if iam not with that company until greencard process is completed.
I don't know whether my 140 is approved or still processing
thanks
If you are Jan 2004 filer you need not worry. He will not be able to do the harm since your I-140 is approved and it is more then 180 days from Jan- 2003. You can ask him the copy of approval notice for filing EAD or AP if you filing on your own.
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Tell him that you will stay with him till you get GC and even beyond that. You can decide later, once you are confident that everything is ok.
I think your Employer is testing you about your future plans. He knows he has only 2 or 3 months(Max) time to revoke your I-140(6 months/140 Approval). After that you are not in his hands. He knows pretty well this. You also act accordingly. This is typical cat/rat race.....
Don't believe his words until you get the confirmation from USCIS or you see the copy of approved I-140.
Best of luck.
SREE1965
I think your Employer is testing you about your future plans. He knows he has only 2 or 3 months(Max) time to revoke your I-140(6 months/140 Approval). After that you are not in his hands. He knows pretty well this. You also act accordingly. This is typical cat/rat race.....
Don't believe his words until you get the confirmation from USCIS or you see the copy of approved I-140.
Best of luck.
SREE1965
sree234 said:
will_get_there
Registered Users (C)
and use FOIA later
Once the 6 months are over and you know somehow that 140 is approved ( the website updates info.), use FOIA to get the I-140 approval copy directly from USCIS. Ur. employer won't even know you did that....
Such employers who think the employee is a hostage during the GC process just because they spent 5-6K for GC process ( and sucked much more than that from the rate) should be taught a lesson
will_get_there
Once the 6 months are over and you know somehow that 140 is approved ( the website updates info.), use FOIA to get the I-140 approval copy directly from USCIS. Ur. employer won't even know you did that....
Such employers who think the employee is a hostage during the GC process just because they spent 5-6K for GC process ( and sucked much more than that from the rate) should be taught a lesson
will_get_there
Milind Bhave
Registered Users (C)
Another instance of slavery in the land of the free ! revocation is the new age equivalent of whipping and the employers cotton field masters.
Both sides must reasonable Why do you call it as slavery? You want the green card. You went to him. He want make business (say money). You get eligibility for AC-21 today and tomorrow you want to change your job. How employee feels used same way employer also feels used.Milind Bhave said:
You really cannot Judge. All you can say is Best of luck for every one Employee and employer
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Hi Guys ..this is my take on this
I am not an employer .. but a few points ..
USCIS is more strict with the employers than the employees .. hence they have 140 .
Basically there are more checks and verifications carried out on an employer during an 140 processing.
In the past many employers had taken undue advantage of their right to file Green cards petitions for their employee ( but they were not really their employees ..but relative and/or friends).
To prevent misuse of this right by the employers ..USCIS ( INS) implemented this law that once an employer files for 140 for an employee he SHOULD retain that employee at least for 6 months after 140 and or 485 has been cleared (approved). This way even if the employer has stated that his relative or friend is his employee, to maintain an employer and employee relationship , the employer will have to pay salary to that employee ( and hence employer TAX which cost money and hence it will prevent the employer from cheating). This prevents an employer to petition for somebody who really is not his employee for an extended period of time.
Though this scenario is not that common in the IT sector of the industry, it was highly exploited by bussiness owner in the Hotel/Motel and Retail industry.
Now in an employee perspective..
If you are an employee of a company ( say IT company) ..and working as a consultant, then you will be travelling and relocating everytime your assignment gets over.
You can always leave an employer ( Remember An employer under no circumstance can FORCE his employee to work for him in the United States)
If you get a better offer ( in the same skills that you have on your labor and 140 petition) , with better pay check and benifits.
If you get tired of relocating and want to settle down at one place by Joining a client full time ( very important if you are married and have kids in which case you cannot take your kids from one state to another everytime your assignment gets over.. too much for the kids to change schools and adjust to the new enviornment) issues like these are very legitimate for leaving an employer and joining a client full time.
USCIS would definately wont object to change of employer.
All in all if you have a better deal than your current employer , you can always leave him once your 140 is cleared ( more than 180 days using AC21)
or even after your 485 gets cleared.
If you do decide to leave your current employer , then its fair to provide the current employer with the following :
1) your new employers Offer letter stating in detail the salary and benifits being provided to you by new employer,
and 2) your resignation letter with Valid reasons for leaving him.
If in the future USCIS wants to investigate with your old employer as to why most of his employees left him after their GC/140 got approved , he has valid documents to prove to USCIS that there was a valid reason why his employees resigned. This way he can prove that he didnt file false petitions for his employees so that they can JUST GET GREENCARDS.
NVC
I am not an employer .. but a few points ..
USCIS is more strict with the employers than the employees .. hence they have 140 .
Basically there are more checks and verifications carried out on an employer during an 140 processing.
In the past many employers had taken undue advantage of their right to file Green cards petitions for their employee ( but they were not really their employees ..but relative and/or friends).
To prevent misuse of this right by the employers ..USCIS ( INS) implemented this law that once an employer files for 140 for an employee he SHOULD retain that employee at least for 6 months after 140 and or 485 has been cleared (approved). This way even if the employer has stated that his relative or friend is his employee, to maintain an employer and employee relationship , the employer will have to pay salary to that employee ( and hence employer TAX which cost money and hence it will prevent the employer from cheating). This prevents an employer to petition for somebody who really is not his employee for an extended period of time.
Though this scenario is not that common in the IT sector of the industry, it was highly exploited by bussiness owner in the Hotel/Motel and Retail industry.
Now in an employee perspective..
If you are an employee of a company ( say IT company) ..and working as a consultant, then you will be travelling and relocating everytime your assignment gets over.
You can always leave an employer ( Remember An employer under no circumstance can FORCE his employee to work for him in the United States)
If you get a better offer ( in the same skills that you have on your labor and 140 petition) , with better pay check and benifits.
If you get tired of relocating and want to settle down at one place by Joining a client full time ( very important if you are married and have kids in which case you cannot take your kids from one state to another everytime your assignment gets over.. too much for the kids to change schools and adjust to the new enviornment) issues like these are very legitimate for leaving an employer and joining a client full time.
USCIS would definately wont object to change of employer.
All in all if you have a better deal than your current employer , you can always leave him once your 140 is cleared ( more than 180 days using AC21)
or even after your 485 gets cleared.
If you do decide to leave your current employer , then its fair to provide the current employer with the following :
1) your new employers Offer letter stating in detail the salary and benifits being provided to you by new employer,
and 2) your resignation letter with Valid reasons for leaving him.
If in the future USCIS wants to investigate with your old employer as to why most of his employees left him after their GC/140 got approved , he has valid documents to prove to USCIS that there was a valid reason why his employees resigned. This way he can prove that he didnt file false petitions for his employees so that they can JUST GET GREENCARDS.
NVC
abc94536 said:
Assuming the I-485 was filed on 02/24/04 (it sounds like it was) then, no, you should wait until about 08/22/04 (or thereabouts) so that your I-485 will have been pending for 180 days.
AC21 requires
#1 I-140 approved (note: some people have used AC21 prior to I-140 approval -- I wouldn't risk this myself though)
#2 I-485 pending for 180 days (from the time it was filed)
#3 new job has to match job for which I-140 was approved
I'd definitely be careful about cutting it too close (i.e. 08/22/04 is exactly 180 days -- I'd personally wait a bit longer to be sure and also verify that the 180 days isn't *working* days -- I don't think it is but after waiting this long to get to this stage you'll want to be sure
).ETA
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ETA-GC said:Assuming the I-485 was filed on 02/24/04 (it sounds like it was) then, no, you should wait until about 08/22/04 (or thereabouts) so that your I-485 will have been pending for 180 days.
AC21 requires
#1 I-140 approved (note: some people have used AC21 prior to I-140 approval -- I wouldn't risk this myself though)
#2 I-485 pending for 180 days (from the time it was filed)
#3 new job has to match job for which I-140 was approved
I'd definitely be careful about cutting it too close (i.e. 08/22/04 is exactly 180 days -- I'd personally wait a bit longer to be sure and also verify that the 180 days isn't *working* days -- I don't think it is but after waiting this long to get to this stage you'll want to be sure
ETA
Thanks ETA!
Quick questions -
#1 - Under the circumstances - practically, what are the possibilities that the employer can revoke I-140 and how can it affect my case (as its <180 days).
#2 - In case he revokes does it affect him in any way?
#3 - Can the employer revoke I-140 - without informing the employee?
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Under what circumstance means that you should know better about your company. Revoking I-140 is not statutory requirement. But revoking H1 is required by statute. In general if you quit (loose) your job there is possibility that employer may revoke the approved I-140 to use it for another person of his choice.abc94536 said:
If the revocation letter goes before 180 days they usually transfer the case to the local office. Some time local officer may visit your home and handover the denial notice.
If you are on EAD they will ask you vacate the US immediately. If you are on H1 you may continue here.
Employer can revoke the I-140 without informing you. If he informs you then that is his curtsey.
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Thanks Tammy for the insight!
If I am not quitting and am continuing with the company - is there any obligation on the company towards USCIS not to revoke my 140?
In other words...
Could there be a case that the company decided to file 140 for me (and it got approved) and then take that 140 away and can use it for somebody else while I am still working for the company.
**I am still on H1 and haven't recd. my EAD /AP approvals.
If I am not quitting and am continuing with the company - is there any obligation on the company towards USCIS not to revoke my 140?
In other words...
Could there be a case that the company decided to file 140 for me (and it got approved) and then take that 140 away and can use it for somebody else while I am still working for the company.
**I am still on H1 and haven't recd. my EAD /AP approvals.
tammy2 said:
As tammy2 says, a lot hinges on what you think your employer is likely to do. Even if you are on good terms, there have been cases of the I-140 being revoked accidently, e.g. along with an H visa (which as tammy2 says, they are supposed to "revoke" if you leave).
Note that even if the I-140 is approved and you qualify for AC21, the general concensus on this forum is that you should definitely send in the AC21 info just in case the I-140 is revoked so you are protected (one scenario is that the I-140 gets revoked and you never see the Notice of Intent to Deny for a long time because it goes to the original company's lawyer). You don't have to do this (at one point the conventional wisdom was that it was best to just wait for an RFE and only respond with AC21 info then but in light of the given scenario, this seems like its a risky approach).
ETA
abc94536 said:
I don't think there's any reason why a company couldn't do this if they wanted but I imagine that this would only happen if the employee-employer relationship had degraded significantly and the employer had someone else who they thought would be a better bet for them. Or I suppose some companies could revoke the I-140 out of spite even if there is no alternate employee.
Also, there's a good chance in your case that you will never qualify for AC21 portability since your case could be handled under the new (Fujie Ohata) guidelines for adjucating concurrently filed I-140 and I-485 cases at the same time (when the I-485 is ready). Under the current rules, AC21 only applies once the I-140 is approved (although as mentioned earlier some people have managed to get their GC via AC21 even though they left the original sponsor before the I-140 was approved -- this approach is not for the faint of heart though
).ETA
GCJaisaKoiNahi
Registered Users (C)
ETA-GC said:
Sheela Murthy's web site states that even if we inform USCIS of using AC21 (by writing a simple letter ) ,chances are it would get lost in the pile of paper. COntray the RFE has bar code on.It makes USCIS easy to track cases.
It make sense to send about AC21 only when RFE is issued. There is no ack or confirmation from USCIS after they receive our AC21 usage letter.
Wondering if anyone has tried to call USCIS to inform about using AC21.
Any thoughts?