Need urgent suggestions!! Please help

D

distressed

Registered Users (C)
It has been almost 10 months that my company filed for my 485. Now they want to withdraw my 140 and 485 application because they can't meet the salary requirement (it's quoted 30% higher than current salary) that they specified in the labor certification application. They said that they would refile 140 again two years from now.

Now I need to find out about my options. Can I just quit using ac21 portability rule and get a job before the 485 is approved? Can the company still cancel my 140 and 485 if I quit? What are my options now if any? I really can't wait four more years to get this over with.

Please help me with your suggestion.

Thx -
distressed
 
You are right. You can use AC21 and get a new job. But check with a lawyer for specifics. Also other people on this board (recently posted) have similar issue - search this board.
 
vhooloo, thanks very much for your reply. I looked at other posts and they have helpful information. However, I still have one more question that I couldn't find answer of.

Can the company cancel my 140, thus denying my right to find another job under AC21 rule? Or will INS not allow that to happen? What will be my status if they cancel 140?

Thanks again -
distressed
 
You are safe..

You are safe to some extent as your employer can't cancel your I-140 at this point. Because its already more than six months after I-485 filing. Find a job quickly and move. Otherwise , INS can reject your I-485 based on the fact that you don't have a job specified in LC ( on the fact that employer is not willing to sponser).
 
Thanks, if they can't cancel 140, why are they telling me that they will cancel my 140 application while I still will be working for them?

Can they legally cancel my 140 appliation while I still am working for them?

Thanks for all your help.

distressed
 
distressed,

That's a weird situation. Optimistically, your approval may be round the corner but times vary between 12 months to who knows?

So, just buy time with these morons who are your employers and how do they even dare tell you such a thing that they will cancel 140. As long as they are willing to keep you employed, why would they want to spoil your life? Don't worry, even if they send in cancellation
(a) it has no effect since you're over 6 months pending
(b) by the time INS reads it, you might even be approved
(c) try looking for another job! Use your EAD. AC-21 allows you to get similar job.
 
vhooloo, the reason I worry about whether my company may be able to cancel my 140 application because of the following post at http://www.murthy.com

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Question 6 : If I change my job, I am afraid my employer will "do something" to end my immigration case. Am I in danger? TOP

Perhaps. While your I-485 is your own application and the employer cannot withdraw it, the entire application rests on the I-140, which is the employer's application. Under previous law, the employer controlled the I-140 throughout the process. Withdrawal of the I-140 meant denial of the I-485. This matter has not been addressed under AC21. While it seems that the employer should lose control of the I-140 after 180 days in order to make AC21 fully effective, this issue needs further clarification. At this point, it appears that if the employer were to withdraw the I-140, the INS possibly could issue a notice to the beneficiary with respect to the processing of the I-485. The beneficiary might then have the opportunity to respond by showing another job offer. INS has not provided specific instructions or regulations as to how this type of situation should be handled in light of AC21.
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any comment about this one?

Thanks,
distressed
 
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