Need urgent help

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HaveMercy

Registered Users (C)
Can anyone here advise me whether my old employer can block/disrupt/cancel my I485 which is pending from RD Oct 03, with I140 approved in march 04 for quitting him with not good terms

Thanks In Advance
 
No. Your old employer has control to the extent of I140. 485 is your application. If you are changing employer, use AC 21. You should be fine.
 
Is it a must that we should send AC21? Or can we wait for RFE if any and then reply with AC21.

Thanks In Advance
 
As for as I know. Employer can revoke I-140 before 180 days from approval date. may be I am wrong. Please check with other gurus
 
HaveMercy said:
Is it a must that we should send AC21? Or can we wait for RFE if any and then reply with AC21.

Thanks In Advance
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The more likely you think it is that your old employer (the original sponsor for the I-140) could try to revoke your I-140 the better it is to send in AC21 IMO.

If you are on good terms and they aren't upset about your leaving, then many suggest doing nothing and dealing with AC21 if/when the I-485 generates an RFE related to this.

Keep in mind that some I-140's have been "accidently" revoked in the past, e.g. when the employer updates an ex-employee's H status with the USCIS. In theory, as long as the I-140 is approved and the I-485 has been pending for 180 days you should be fine but the risk is that you never receive a Notice of Intent to Deny (NOID) because it could go to the original sponsor's lawyer. Filing AC21 would help to avoid this kind of a mess.

ETA
 
Thanks to all of you for giving me your inputs..

My I485 is 180 days past with I140 approved. So i am good to change employer.

But the question is since i am quitting my old employer with not good terms, he willl try to do something.

Also the good thing is my Current lawyer is ready to support me since he is the lawyer for my new company too.

So now can someone tell me whether it is good to use Ac21 and also whether NOID does come to lawyer or just to old employer alone

Please advise. Thanks
 
I would recommend to use AC21. That way you can have peace of mind. You may not even get an RFE, but even if you get it, an RFE for EVL is not a big deal.
 
Generally any company if it has to deal with CIS it will deal through Lawyer and since your lawyer is helping you out, so I think you are fine as your lawyer will know in advance any bad moves if your Old company makes.

But, if you think that you need a good sound sleep then go ahead and send AC21 Letter to CIS, but before sending make sure that your New Employer has ability to Pay the salary promised in your Labor Certification.

Also the good thing is my Current lawyer is ready to support me since he is the lawyer for my new company too.
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Hi NeedHelp

thank u!

What if my old company uses a different lawyer to revoke I140? Is that possible? And if so will my lawyer know that?

Also i spoke to my lawyer now, and he said dont worry in any way and he said just relax. (He even said dont get confused by reading forums :( )

He is saying that USCIS cannot issue a NOID because i am past 180 days and my I140 is approved and also he is saying that if they raise RFE then we will use Ac21 with new employment letter and paystubs (my new company is paying me according to the labor)

Please let me know whether do u see any issue with this

thanks
 
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