Is this Legal ?

M

malsa

Registered Users (C)
Hi all,

140 RD : 07/09/2003
EB3
Labor Sub
Non concurrent
Sent enquiry. No response yet
H1-B 7th year expires 04/2005

My employer says if I apply for I-485 myself and if they come to know about it, they would revoke my I-140 petition. They would not file for my I-485 until I-140 is approved. I am fed up with waiting and also concerned with the fact that there may be priority dates from Jan'05 in EB3. It is obvious my employer wants the GC process to take as long as possible. They are yet to provide a single valid reason for not filing concurrently.

Is it legal/legitimate for Employer to do this ? I thought I-485 does not concern the employer. Can they revoke my I-140 petition solely on the basis of the fact that I applied for AOS ?

Thanks all
 
Employer can do what they want

I did hear that - same as LC belongs to Employer, I-140 also belongs to employer, and then until 108 days are completed after 485 filing. candidate is not safe. From filing of 485 till 180 days , employer can revoke I-140, which also un-validate 485, thereby all GC process is stopped.
 
Re:

Thanks Ajay22. I still don't think my question is answered. It feels like a simple case of exploitation. If my Employer is going to revoke my I-140, they have already mentioned it is because of filing AOS. So they are going to revoke my I-140, not because

a)they feel like doing it even though they could (as you mentioned in the post)
b)my position is not available anymore
c)I have left the company
d)I have lost interest in GC process and so on

They have already mentioned the *reason* if they are going to doing it. And the reason is not because they feel like doing it. I would not be violating any government regulation by filing for AOS. The issue is Employer has arbitrarily made up an internal rule which supercedes the government regulation. Clearly the purpose of this internal rule is to leverage the GC process to get a hold on the employee.
 
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I guess there is no way you can stop your employer to do this. Before concurent file in place many company took advantage on this. They started your GC after you were working for them for 3 years. Some company is still doing this. They start to process you GC in the 5th year of your H1.

I think you may file I-485 by yourself. You know how does your employer will find it? Once you pass the 180 days of I-485 you are most likely safe. Recently there are some posts indicated that you may use AC21 without I-140 approval once you cross 180 days but it is not firm yet.
 
malsa,

The I-140 petition is employer's petition. He can revoke the petition at any point in time. He can even revoke the petition even if I-485 filing has passed 180 days. AC 21 comes into picture only if I-140 has been approved and I-485 is pending for 180 days.

Please contact a good lawyer for advice.

Thanks,
-Honeybee
 
I guess they know that you will jump ship on day 181 after your I485 and try to get their money's worth out of their LC.
 
send another inquiry. level 2, level 3, etc. contacted Senator for help, etc. I hope it won't take your employer's lawyer another six months to file I485 after I140 approval.
 
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