Is this an isuse?? May be I140 cancelled ???

Whats the purpose of revoking 140?

A question little off the main subject for this thread: Why does an employer typically revokes an approved I140 when an employee leaves (or the job is terminated) after 180 days of filing I185? Is the employer obligated to do so? Is it useful for the labor substitution for a future employee?

Thanks
 
I feel this is a game/setup withdraw approved 140's so that employee/x-employee is covered by AC21 and re-use the LC for someone else.

These days it will be common that the employers withdraw approved 140's and use it to H1's for extension, later the H1 employees can file for AC21 and again the employer would withdraw the approved 140 and use it to another H1 extension, this would eventually queue up AC21.

Also USCIS mentions that they will approve 140 in 6 months from Sep 2006 onwards, so this will set trend in withdrawing 140's and increase in LC substituting.

so down the lane in an other 4 years from now assuming EB3 does not become current and 140 gets cleared in 6 months, 1 LC can be substituted to as many as 8 employees, so the 7 employees would eventually have no choice and go for AC21

The best part is when EB3 becomes current those LC's that have been substituted will be like a real estate boom.... just imagine what would happen :eek:

Guru's any suggestions ...?
 
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It looks like if we send the AC21 paper work USCIS is updating our case with that info. I think that might be the reason why my I-140 LUD has been changed (just a guess).

Why I came to that conclustion because it happened to one of my coleague he recently sent AC21 papers and for him also the I-1140 LUD changed. He is very confident that his employer would never revoke his I-140.

I read so many times in different forums that USCIS never looks into the AC21 papers and they always sends RFE at the time of AOS. But my case and my colleagues case proved that USCIS actually considering voluntery AC21 filing.

Just thought of sharing this with you all.

- VG
 
pacha_card...one thing about immigration law and how USCIS works , that i understood in the limited few months is this...there is no guarantee that what worked for one might work for another.

"I read so many times in different forums that USCIS never looks into the AC21 papers and they always sends RFE at the time of AOS. But my case and my colleagues case proved that USCIS actually considering voluntery AC21 filing. "

i think you case does not prove anything. the LUD change does not prove anything...(my 485 LUD just got updated 2 days ago..i am not sure why) you still might get an RFe when your 485 is going to be approved.
i know of a friend who sent his AC21 letter when he was asked to... so there is no established basis to anything. even the attorneys seem to say there is nothing established.

the good thing is there is a possibility that you AC21 papers might have reached and might be in your case file...

when i file Ac21 i would possibly do a voluntary filing...if possible, unless the attorney who i am dealing has a strong view not to do so...in which case i would not.
 
"A question little off the main subject for this thread: Why does an employer typically revokes an approved I140 when an employee leaves (or the job is terminated) after 180 days of filing I185? Is the employer obligated to do so? Is it useful for the labor substitution for a future employee? "


i am trying to find out more about using the labor from a revoked i140...i cannot find a authoritative answer from any lawyer or in the uscis websites..
so what we have is speculation and hearsay. one thing to note is this

the 140 revoke is not valid when the employee meets the AC21 law requirements and he/she gets to keep the underlying labor.
"AC21 also provides that any underlying labor certification also remains valid if the conditions of sec106(c) are satisfied"

that is a direct quote from the yates memo. so if you AC21 and move on..your employer cannot do much. because its also known one LC can support one person for a GC. if you have invoked AC21 and kept your LC , how can your past employer use that same LC for some other person?

i some companies do that...they will get the unsuspecting future employee come in and join them by showing this approved labor..what will the employee know if this labor is usable or not...you start working and slowly after 4-5 months they say we will apply for 140 and they will apply and say after 2-3 months there will be a query and at which point they will say that labor is used up...etc. etc.. by that time that company would have earned a lot by having you work for them for an year or more...that is a good money to attract and screw someone..
some companies in NJ are guilty of such practice and actually a lot of the i-140s are halted or rejected...
 
I dont know if this will happen, but I wish USCIS comes up with some sort of form (AC-21?) that we can file indicating change of employer and officially record the change.

Lot of people use the term "file for AC-21" on this board. As of now, sending AC-21 related documentation is same as praying to God. Do it out of fear and hoping good comes out of it.
 
All AC21 Gurus and memebers in discussion :

Is there a way that Rajiv Khanna would be intimated about this pressing issue of AC21 and retaining priority date thing.
So that if he could bring it in front of the USCIS authorities and they put a law in yates memo that may go in our favor or may not but atleast there will be some determined answer to this.
Becasue this is going endless speculation, or else if we ahve any experidned Ac21 guys who have invoked AC21 and have got approved (after 140 was revoked by employer)while Eb3 was under retrogression that would also answer the question.

any inputs pelase ..

thanks
 
ohh thats interesting.
Thanks UN for the reply.

So what are hoping for is, to use ambiguity in yates memo as a saviour in cse situation like this arise.
 
Is there a point by law where the employer can no longer revoke an approved I-140?

Reading through this whole thread I cannot help but wonder, if an employer can revoke an approved I-140 of an employee (ex- or not) with pending I-485, say, for the purpose of using the same labor to file I-140 for another employee, why can't it also revoke an approved I-140 of an employee whose I-485 is already approved (i.e., a GC holder)? :rolleyes:

In my understanding the employer's role in an EB immigration process ends at the approved I-140, and theoretically I-485 is the beneficiary's own business which has little to do with the employer anymore.

Therefore if the answer to my above question is yes, then why do the employers bother to apply new labors for new employees? They can just 'revoke' all their old approved I-140s of their GC employees and recycle these labors with very early PDs, without even hurting these GC employess as presumably a GC can't be revoked once approved. :p

I am not an expert in immigration law so please gurus correct me if I misunderstand anything in these regards.

Thanks!


unitednations said:
Variety of reasons:

Punitive measure on employee for leaving

Re-use labor for someone else

In case USCIS starts adding all I-140's together for ability to pay, it helps to state that you have revokd 140's, so you don't have to show as much financials for other pending cases.

Lawyers/employer want to make more money be re-filing cases

Mistaken believe that if they don't withdraw/revoke 140 that employer needs to leave job open for person when greencard gets approved.

H-1b employer required to cancel or they will need to pay labor wages and they confuse this with I-140.

USCIS ac21 requirement was more or less that employer was supposed to have intention of employing beneficiary up until approval of I-140. Intention doesn't need to be there until greencard gets approved.

However, number 1 reason:

Re-use labor for someone else.
Click to expand...
 
AC21 in my wife's company

Hello United Nations,

I have a situation. Can you please help me?

My friend and I started a consulting company 3 years ago and we now have about 30 employees. Since my friend was a GC and I was on H1, he was the sole owner on paper. After my wife and I got EAD(3 months ago), I added her as the second owner of the company. My name does not appear anywhere in the company papers.

I am still on H1 and am planning to file AC21 in the company that my friend and wife own. Will there be any problems? Please advice.

Thanks,
Raj
 
Hmmm...u r making me re-re-think my decision :)

My current H1 which is the 7th year extension is valid till august 2006. Now let us say after I file AC21 this month(without filing H1 from the new company) and my employer revokes my 140 and god forbid my GC gets messed up.

Let us say all this happens around January 2006, At this point if and when my 485 is cancelled, can I file a H1 with the new company? In other words after having worked on EAD , can I file a new H1 and start using the H1?
 
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