Possible Revocation of already cleared 140 while on Job: UN/Ginnu Please Reply

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every1willgetgc

Registered Users (C)
UN/Ginnu and Other Gurus please help me out..

I fear 140 revocation while I am on the job.My 140 got cleared around 200 days back based on EB2 substitution and 485 is still pending...What could happen at this stage if Employer revokes my 140? What can be way out from this mess..?

Ofcourse I already started searching for new job but that might not happen immidiate.. I have valid H1 for another year and I have EAD which also expiers after one year..


Thanks in Advance
 
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every1willgetgc said:
UN/Ginnu and Other Gurus please help me out..

I fear 140 revocation while I am on the job.My 140 got cleared around 200 days back based on EB2 substitution and 485 is still pending...What could happen at this stage if Employer revokes my 140? What can be way out from this mess..?
------------------- when was I-485 filed?? if I-485 filed more than 180 days you can invoke AC21
Ofcourse I already started searching for new job but that might not happen immidiate.. I have valid H1 for another year and I have EAD which also expiers after one year..


Thanks in Advance
Click to expand...
 
remember: revocation may not normally reflect in the online status.
your best bet is to find a new employer ASAP after 485 is pending for 180 days.
then use AC21. if the employer withdraws 140, and you have used AC21, your 485 remains alive.

if the employer revokes 140, and you don't have evidence that it's because you left the job, then your 485 is sunk.
 
talkative,
What you said means that your employer can revoke your I-140 even after I-485 pending 180 days if you don't change job via AC21? Are you sure? That's pretty scary since there is no way to find out if your employer screwed your case.

talkative said:
remember: revocation may not normally reflect in the online status.
your best bet is to find a new employer ASAP after 485 is pending for 180 days.
then use AC21. if the employer withdraws 140, and you have used AC21, your 485 remains alive.

if the employer revokes 140, and you don't have evidence that it's because you left the job, then your 485 is sunk.
Click to expand...
 
GCIsTortoise said:
What you said means that your employer can revoke your I-140 even after I-485 pending 180 days if you don't change job via AC21?
Click to expand...

An employer can always withdraw/revoke an approved I-140, AC21 or not.
 
But I thought employer loses control of I-140 after I-140 approved and 180 day I-485 pending as per AC21.

TheRealCanadian said:
An employer can always withdraw/revoke an approved I-140, AC21 or not.
Click to expand...
 
GCIsTortoise said:
But I thought employer loses control of I-140 after I-140 approved and 180 day I-485 pending as per AC21.
Click to expand...


What happens in the case I-140 is revoked after > 180 days
a) while still working for same employer/not filing AC21 b) using AC21
 
azn said:
What happens in the case I-140 is revoked after > 180 days
a) while still working for same employer/not filing AC21 b) using AC21
Click to expand...

Withdrawing I-140 is indirect way of saying that the offer made by the employer is no more valid. If you can show that job is still exist and is offered to you there should not be any problem.

If the same employer can provide you another letter of employment you should be OK.

Although I heard from someone who went through revocation of I-140 before AC-21 that INS has asked him to re-file I-140 for the same person.
 
GCIsTortoise said:
But I thought employer loses control of I-140 after I-140 approved and 180 day I-485 pending as per AC21.
Click to expand...

They don't lose control of the I-140. It's their petition. What AC21 does is that revocation of the I-140 is no longer fatal to you, the beneficiary. If your I-140 is revoked, then USCIS will issue a Notice of Intent to Deny, and you have 30 days to prove eligibility under AC21.
 
Guys,

my online status changed to 'your petition to withdraw I-140 has been accepted' on 5/20/05 - at the layoff my previous employer informed me that they would withdraw....

I called CIS and they told me the notice would be sent to the employer not to me. Do I need the notice? I am thinking of just sending a direct letter to the responsible CIS center and asking to use AC-21. What do I have to lose?
 
gc_2006 said:
Guys,

my online status changed to 'your petition to withdraw I-140 has been accepted' on 5/20/05 - at the layoff my previous employer informed me that they would withdraw....

I called CIS and they told me the notice would be sent to the employer not to me. Do I need the notice? I am thinking of just sending a direct letter to the responsible CIS center and asking to use AC-21. What do I have to lose?
Click to expand...

Hi gc_2006,
How can you use AC21 if your 140 is not approved? If your 140/485 are pending and 485 pending for more than 180 days, and when porting using AC21 USCIS shold find your 140 application to be approvable for AC21 to be effective. But since your 140 is withdrawn before approval, I'm wondering how you could use AC21. Any experts?
 
sriram1975 said:
Hi gc_2006,
How can you use AC21 if your 140 is not approved? If your 140/485 are pending and 485 pending for more than 180 days, and when porting using AC21 USCIS shold find your 140 application to be approvable for AC21 to be effective. But since your 140 is withdrawn before approval, I'm wondering how you could use AC21. Any experts?
Click to expand...

sriram1975, if u r true to ur screen name, then u r supposed to know everything... :D

if u read the new AC21 memo of 5/12/05, you will get an answer to ur query
 
aws said:
sriram1975, if u r true to ur screen name, then u r supposed to know everything...

if u read the new AC21 memo of 5/12/05, you will get an answer to ur query
Click to expand...

I'm not Sri Ram. I'm a devotee of Sri Ram. :p
I was answering his question, but wanted other experts to comment on my observation. I did read the AC21 memo, but wasnt sure if what I'm saying is what is in the memo!
 
TO AWS or Sriram1975

Can any body answer this questions ?????
Am I eligible for AC21 under new law ??????


Gurus or Forum users:

Here is my situation (in sugnature)

Q1.Can I invoke AC21 -- According to new law ???
Q2.The processing date on 140 receipt is 350 to 400. And USCIS did nothing on my 140.
 
To those changing jobs before I-140 approval : According to new yates memo,The I-140 must be approvable , Even if details are missing employer should provide details which make it qualified for approval.If there is an RFE and employer doesnt respond then the whole thing is gone.
So its better to change job after I-140 approval. If you change before and the I-140 gets approved then no problem.....But in case there is an RFE then what is the guarantee that the sponsoring employer will respond promptly to save an employee who as left him already.Though you are allowed to change employer using AC-21 the power of answering the I-140 RFE is still with the original sponsoring employer only and does not get transfered to new employer.
 
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to lx_kumar

lx_kumar said:
Can any body answer this questions ?????
Am I eligible for AC21 under new law ??????


Gurus or Forum users:

Here is my situation (in sugnature)

Q1.Can I invoke AC21 -- According to new law ???
Q2.The processing date on 140 receipt is 350 to 400. And USCIS did nothing on my 140.
Click to expand...

i was about to write you, but "regarding_gc" almost stole my words.... :p
whatever he has written is valid and u should weigh ur chances:

1) if u think ur 140 is fully approvable and lawyer had sent all the stuff which will preclude cis from issuing a rfe
2) and even if it issued, the company u should respond to it.

if both of the above are true, then u can take the jump.
good luck!
 
TheRealCanadian said:
They don't lose control of the I-140. It's their petition. What AC21 does is that revocation of the I-140 is no longer fatal to you, the beneficiary. If your I-140 is revoked, then USCIS will issue a Notice of Intent to Deny, and you have 30 days to prove eligibility under AC21.
Click to expand...


Thanks TheRealCanadian and others for response..

One more followup Q

Is 485 approvable if following sequence of events happen

(a) NoID is recieved due to 140 revocation, Sponsoring company resfuses to give EVL....I quit the job....
(b) Let's say till 24 days from NoID I don't have valid "same or similiar" job offer..
(c) on 25th day from NoID I get a "same or similiar " job offer and I send EVL..

Thanks in Advance...
 
every1willgetgc said:
Thanks TheRealCanadian and others for response..

One more followup Q

Is 485 approvable if following sequence of events happen

(a) NoID is recieved due to 140 revocation, Sponsoring company resfuses to give EVL....I quit the job....
(b) Let's say till 24 days from NoID I don't have valid "same or similiar" job offer..
(c) on 25th day from NoID I get a "same or similiar " job offer and I send EVL..

Thanks in Advance...
Click to expand...

When was your 485 filed?
 
Basic question but crictical

EB3 from VSC, I140/485 RD: 03/30/05, ND: 04/11/05, I140 AD: 05/14/05.

To invoke Ac-21 what would be the basis of calculating 180 days-- RD or ND or (to be safe) 140 approval date.

Thanks
 
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