Mr.Jim Or Other Peers,Please advice

A

achanta

Registered Users (C)
Here are my questions.please help me in taking a decision.

1. Is there any time limit that one should work with GC sponsored employer
   after GC is approved?
2. If you change employer after 180 days, Can the I 140 be revoked by
   employer?
3. How can we make sure that the employer has not requested for revoking
   I 140 just before 180 th day, because the employee may any way leave
   him.
4. What documents are required from employer if one chooses to change the
   employers after 180 days of AOS ?
 
Answers

1. Is there any time limit that one should work with GC sponsored employer after GC is approved?

There\'s now set limit. Most attorneys recomended 6 months. This was all before AC21. Whether AC21 changed any of this is unclear. Six months was just a guidline.

2. If you change employer after 180 days, Can the I 140 be revoked by employer?

Probably. The question is will the revocation have any effect on the pending I-485. In my opinion, the cancellation of the I-140 will not effect the pending I-485 since AC21 will have little meaning if the employer could cancel the I-140 and thereby kill the GC.

3. How can we make sure that the employer has not requested for revoking I 140 just before 180 th day, because the employee may any way leave him.

I guess that depends on the employer, you could ask. Although the AVM is often updated to reflect the revocation that can take months. Really, the only way to be sure is to ask the employer.

4. What documents are required from employer if one chooses to change the employers after 180 days of AOS ?

Which employer?

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
I think he means Old Employer

What documents are needed from the Old Employer (GC Sponsoring Employer) to Join New Employer after 180 days of EOS.

Thanks
 
Thanks Jim

Thanks Jim for your help. Would you please also comment on the following response on questions 3 and 4
3. An employer who would cancel the I 140 may not tell the
   truth about his action. I mean asking the employer who
   cancelled the I 140 is of no use. Does he has sent the
   letter through the GC processing attorney or can they
   send directly to INS. Attorney might be a reliable source
   to enquire about such an action of employer.
4. I mean, what documents are required from the old employer.
 
achanta - this is a very important issue you have raised...

someone may leave the employer after 180 days and down the road will come to know of it when the I485 is denied. I wonder if they can legally do it - or even ethically. I wonder if anything else gets trigerred the moment employer withdraws your I140 - like AVM message changes. Perhaps Mr. Jim can answer.
 
AVM messages

AVM messages sometimes take a long time to change, and sometimes they do not change at all. Relying on the AVM is next to worthless. The company can definitely attempt to cancel the I-140 but it is for INS to cancel it and even then AC21 seems to say this will not have any effect (or maybe that the I-140 cannot be cancelled) on the pending I-485.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
JIm - thanks for some incredible service to the community. I am sure sometime..

in the future when folks get their GC, they are going to remember your help - and it will be pay back time!

Getting back to the authority of sponsoring employer to withdraw I140 after filing I485, from your reply looks like AC21 is not clear. What can I do to protect myself if I leave the sponsoring employer:

(a) after 180 days
(b) before 180 days
(c) does the situation change if there is a layoff
(c) how can the corporate attorney assist me - any conflict of interest?

In all the above situation, I will have a similar job at the time of approval.

Thank you again.
 
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