Pls. help - I140 revoked

A

atlantadude

New Member
Hi,

I resigned today giving a 15 day notice. My employer says he will do everything legal in terms of revoking H1 and anything that has started with GC. They have currently applied for my I140 about 2 months ago.

My question is "Is it mandatory for the employer to revoke the I140"? I wanted to carry the priority date to my new employer.

As per the terms and condition, I am the one paying for the GC process. Do I have any rights so that I can keep I140. Does the company have say in this?

Please let me know, and i will then push for the appropriate.

Thanks again,
atlantadude.
 
If I would be you I would immediately contact Good lawyers like Rajeev Khanna, Murthy and take their guidance. It looks like your employer has threatened to you to revoke I-140. If it has not been revoked yet you can still go into conversation with your old employer and make some kind of deal. I-140 is employer's owenership. You can not do nothing if employer is adamant to revoke it. How many years have you waited/wasted for GC till now? The right process should have been to take your old employer into trust for switching the employment and having its consent for full support to you down the road.

atlantadude said:
Hi,

I resigned today giving a 15 day notice. My employer says he will do everything legal in terms of revoking H1 and anything that has started with GC. They have currently applied for my I140 about 2 months ago.

My question is "Is it mandatory for the employer to revoke the I140"? I wanted to carry the priority date to my new employer.

As per the terms and condition, I am the one paying for the GC process. Do I have any rights so that I can keep I140. Does the company have say in this?

Please let me know, and i will then push for the appropriate.

Thanks again,
atlantadude.
Click to expand...
 
I did not miss much time. Only about 10 months. I have to leave because this company is gonna get sold off in another month or so. I left since i did not want to get in a situation with no job.

I wish they would not ask for money but technically they say that i resigned and voilated the bond since there has not been any former announcement made of the merger/selloff.
 
BharatPremi,

Thanks for the info. I know I140 is employer's ownership. But does the law say that they have to revoke it? Is it mandatory? If not I may talk with them and see if they can just let it be as it is.

atlantadude

bharatpremi said:
If I would be you I would immediately contact Good lawyers like Rajeev Khanna, Murthy and take their guidance. It looks like your employer has threatened to you to revoke I-140. If it has not been revoked yet you can still go into conversation with your old employer and make some kind of deal. I-140 is employer's owenership. You can not do nothing if employer is adamant to revoke it. How many years have you waited/wasted for GC till now? The right process should have been to take your old employer into trust for switching the employment and having its consent for full support to you down the road.
Click to expand...
 
Hi
It is not mandatory to revoke if u leave them.If they want they can leave as it is and u can start the process again get old PD.Try to talk with them.

sunny26




atlantadude said:
BharatPremi,

Thanks for the info. I know I140 is employer's ownership. But does the law say that they have to revoke it? Is it mandatory? If not I may talk with them and see if they can just let it be as it is.

atlantadude
Click to expand...
 
Here is the thing: It is not mandatory to revoke the I-140. But by revoking the I-140 (that is not yet approved), the employer can use the already approved labour certification for someone else. But if the I-140 is approved, they cannot use that LC for someone else.

The way out would have been: Leaving the company after the I-140 is approved OR if not, trying to negotiate with them so that they do not revoke the I-140.


sunny26 said:
Hi
It is not mandatory to revoke if u leave them.If they want they can leave as it is and u can start the process again get old PD.Try to talk with them.

sunny26
Click to expand...
 
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