Please help me ....Very very urgent!

W

wellwisher2002

Registered Users (C)
My Labor & I-140 got approved by company A. A placed me at company B. B presurized me to join them. Joined B as perm. after 1.5 yr A filed my I-485 on future employment. Then later on B laid off me. Was on bench for 8 months. Nither A could get me a project nor took me on payroll. Then joined company C as perm and working till now. Now after 2 yrs of filing I-485, Company A is trying to revoke my I-140 and also my I-485 got transferred to local office. Iwas never on company A's payroll after filing I-485.

1. Can they revoke it (I-140)
2. Is there any way to?
3. Can INS ask that why I didn't work with company A for 6 months after filing I-485?
4. If INS call me for an interview then what can they ask and what should I reply?
5. Can company A ruined my GC?

Please advice on this.

Thanks
 
Post the dates please.

When did you apply for I-140 and I-485, post your RD, ND for both. When did you join and leave Company - A, Company-B and Company-C?
 
Labor - April,2000 Approved
I-140 - Nov,2000 Approved
I-485 - April,2002 Filed
RD - 04/06/02
FD - 04/19/02
FP1- 07/19/02
FP2- 01/08/02
EAD1- June,02
EAD2-June,03
EAD3- Applied for renwel
NO RFE
Cas got transferred to Local INS- Mar,2004
 
Few things to consider:
1. Did you join B with the intention to return to A upon GC approval?
2. Do you have any written documentation of your return to A and that A couldn’t place you?
3. Was A’s inability to place you right after they filed the 485?

As a rule of thumb, an employer cannot revoke a I-140 petition if 180 days have passed before the INS gets to adjudicating the request. But these days, things are unpredictable and the INS may check into your intentions all along. If a motion to revoke, comes up, you must have to prove your intentions of returning to A upon GC approval.

Good luck!
 
But now the company A is not happy with me. I don't have any problem after getting GC if they can get me a project....Yes, the proof is I was without job for 7-8 months and company A didn't take me on the payroll....Who wants to sit idle...after 7-8 months then where ever I could get job on my own efforts I joined...Did I do wrong? Is there any doubt for GC at this stage....

Sorry by mistake I open a new thread,,,
 
Of course, the company A will be upset after paying you on bench for 7-8 months and then, you quit. That must be the reason for them to try to revoke the I-140.

On a technical point of view, being on payroll and then leaving against the company's wishes, displays wrong intentions. The question is not whether you like to sit idle but the question of leaving a paying job (in project or not) @ the GC sponsored company. The wrong scenario would have been different if they were not paying you on bench.

If only you sat patiently and allowed Company A to let you go voluntarily. Sometimes logic doesn't make sense but in the pursuit of GC, we may have give in.

Hope all goes well.
 
I think you will be fine - there will be a couple of questions:

1. intent - since your I-140 was filed and approved when you were with company A - your intent to work for them is clear. The rest was out of your hands

2. You will need an EVL for interview - that should be provided by company B for a future job. Make sure job titles, salaries, descriptions provided by B match your LC descriptions closely

3. Public charge clause: I think you will be asked to provide info about current employment W2, tax returns etc.

4. You are qualified for AC21 - so get a good lawyer who has a liberal interpretation of AC21. Company A cannot legally revoke your I-140 at this stage but INS can screw up and revoke it. So I think it is better to send the documents explaining your eligibility for AC21
 
Upstate_NY - Thanks for your advise...but I was never paid by any company on bench for 7-8 months. I think you have read wrongly...

waytoolong - Thanks for you suggestions also... I am trying to file AC21 and send all those documents...

Can I use the same attorney...who filed my I-485...How I INS will assume that my intention was not malified....to join the company A.

Thanks again...
 
just use an attorney who has confidence in your case, INS does not try to guess anyone's intentions based on address change or attroney change. it is quite black and white to them - if you had worked for your original sponsoring employer then your had the intention of working for them - the rest is out of your control.
 
wellwisher2002, you are right! I misread your previous posting and assumed that you were paid on bench.

If you left for C after being on bench with no salary & no project, you should be fine. Moreover, as I mentioned above, you are protected under AC21 and if this issue comes up, you can argue your case of moving to C temporarily with the intention of returning to A upon GC approval.

You should be fine. Make sure you have all supporting documents and a good lawyer.

Good Luck!
 
wellwisher2002,
You should be fine with AC21. Make sure you are fully employed during interview and your current employer is in good standing. As for company A - it can cancel your I-140 anytime with full vengence but will have no affect on your I-485 application right now. You are safe after 180 days. So just relax and try to have a lawyer for the interview.
 
I was told by lawyer Ac21 should be filed as soon as you quit company A and join Company B.

He told me that if company A revokes I-140 after 180 days INS needs a document AC-21 from the filer that he has changed to Company B else INS technically thinks he is with the same employer.

IS it true?

Or can we file AC21 whenever we like to?
 
Thanks to all of you for your valuable suggestions and valuable time. One last doubt.. Can we file Ac21 any time? even at this stage....Thanks in advance....
 
Originally posted by wellwisher2002
Thanks to all of you for your valuable suggestions and valuable time. One last doubt.. Can we file Ac21 any time? even at this stage....Thanks in advance....
Click to expand...
There is NOTHING as to " filling AC-21 " .... period.

You are SAFE ... Company A has no effect on I-140
1, I140 = approved
2, I485 = > 180 days
Nothing can effect your I 485 processing except your 2 or 3rd Job as long as you produce evidence upon request.

My rulling ;) is >> wait for RFE, if asked, provide employment letter and other related docs from your CURRENT employer.

and If you get approval without RFE ... send me a Pack of some good Cigars.
 
That is correct- if 140 approved and 485 pending more than 180 days- you can avail AC21. The fact that you did not work 6 mo. after filing 485 is almost a mute point at this stage- the employer could have revoked 140 then but not now. However if the company tries to aggressively to revoke 140- BCIS may take a view in their favor- I personally would doubt that very much.
You can check more details in theAC21 Forum
Best of Luck.:eek:
 
Last edited by a moderator:
Originally posted by Cheekoo
There is NOTHING as to " filling AC-21 " .... period.

You are SAFE ... Company A has no effect on I-140
1, I140 = approved
2, I485 = > 180 days
Nothing can effect your I 485 processing except your 2 or 3rd Job as long as you produce evidence upon request.

My rulling ;) is >> wait for RFE, if asked, provide employment letter and other related docs from your CURRENT employer.

and If you get approval without RFE ... send me a Pack of some good Cigars.
Click to expand...

I completely agree with Cheekoo. You are safe. your old company is only trying to blackmail you for some reason.
 
You must log in or register to reply here.
Top