Jaxen,Experts, Need Help

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dfagen19

Registered Users (C)
Moved from sponsoring employer A to employer B after 180 days about 18 months ago. 485 pending interview at Chicago BCIS. Implications of Employer A:
1) Cancelling or revoking I140 (remote possibility since I've been gone for a while)
2) going out of business/changing ownership
 
If Employer A has not revoked I-140, you may be safe and should contact immigration attorney to use AC21, provide new employer permanent job offer, job similarity and at the time of interview they may ask the pay stubs to check if you are getting wages according to LC, it will be better if you update your attorney now and keep all the papers ready and attorney can be with you at the time of local BCIS interview
company A going out of buisness may be in your faver
 
Thanks Ginnu, but I'm not sure that was the answer

my attorney has filed an AC21 immediately after the move. As I mentioned, the move took place early last year and as of then, the employer did not revoke the I140. I was just wondering what would happen if they suddenly realized that they wanted to revoke the I140 and did it nearly 1.5 years after I left them. To be more precise:

1) What if Company A,out of the blue, sends in a 140 revocation 18 mos after I left them and
2) If they go out of business or someone else buys them, can the new owner decide to revoke all existing I140's??

Please let me know
 
How To file for AC21

How To file for AC21

Could you tell me more about you filed for AC21, specifically:

1. What documents you need ?

2. Did you get I-140 and LC from your previous employer ?

3. What did your new employer give in their letter ?
 
1) What if Company A, out of the blue, sends in a 140 revocation 18 mos after I left them and
dfagen19:

Read INS AC21 June Memo (search goggle), if your employer tries to revoke your I-140 after 180 days then you may be able to receive GC and continue GC process. This is according to Sheela Murthy, she said many times in her chat that if I-140 is revoked after 180 days of pending I-485, then this is OK case to use AC21 and she posted that INS (BCIS) H.Q told verbally that revocation of I-140 after pending I-485 more than 180 days will have no bad affect on GC (read Murthy Chat)
2) If they go out of business or someone else buys them, can the new owner decide to revoke all existing I140's??
If they go out of business no problem for you, if the new company takes over everything than they may try to revoke but you have crossed 180 days, I don’t think it will have any bad affect on your future GC
Please remember still no final regulations regarding AC21 have been published, every lawyer tries to interpret the AC21 law according to different trends of AC21 cases being processed in different service centers. No body can give you a final answer, due to Lack of AC21 Final Regulations.
also read:

http://www.murthy.com/ukac21.html



http://www.murthy.com/chat0507.html
atanu : I changed job after 180 days of I-485 and my old company has proceeded to revoke the I-140. Do I need to take any proactive action now to protect my I-485?

SPEAKER_Attorney_Murthy : If the I-140 petition is revoked, then the I-485 will likely be denied by the INS. It is not clear if the employer can legally revoke the I-140 under the AC21 law but under prior law that was clearly permissible. The way to protect the I-485 is to file a new LC and a new I-140 and then try and substitute it with the new I-140 in the pending I-485.
 
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