Question about AC-21 and changing jobs / I-140 not approved / Filed in Sept 2003.

H

HateOhatoMemo

Registered Users (C)
Hi everyone,

I’ve been reading all the posts posted here but have never posted before. Here is my situation. My I -140 and 485 were filed on Sept 25, 2003, concurrently. Fingerprinting has been done and received by INS. Unfortunately, the 140 is still stuck in the Ohato memo loop and I’ve waited for more than 9 months now. The company were I’m working is a rat hole and even my attorney is not of any help. I’m considering taking some steps on my own now to see if anything can be done. Due to the frustrating work conditions, I’m looking into using AC-21 for changing jobs. I’ve not received my 140, but have passed more than 270 days since I filed 485. I’m 100% certain, that my company would withdraw/revoke my I-140, if I leave their company. And I’m quite sure; they won’t even care to cooperate if there is an RFE.

I was wondering, if my 140 is withdrawn, where would my status be? If I change jobs on EAD and AC-21, where would I be left at when 140 get withdrawn? I read a post by Naashi, who said that the company can’t revoke/withdraw the I-140 after 180 days of filing 485. Is that true? Or is it only applicable once I-140 gets approved?

Thanks for all the advice and help to all the board members. And good luck to all.

Sunil
 
HateOhatoMemo said:
I read a post by Naashi, who said that the company can’t revoke/withdraw the I-140 after 180 days of filing 485. Is that true? Or is it only applicable once I-140 gets approved?

Sunil
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Looks like you did not read my posting correctly. I-140 is employer based petiton and they have full right to withdraw or revoke the petition AT ANY TIME. But according to the AC21 law, if the revoking or withdrawing happens after 180 days of I-485 pending, it should not matter.

I am not an attorney, so discuss with your attorney.

naanshi.
 
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My understanding is if the company revokes I140 after approval, it doesn't matter. However, if the company revokes before I140 approval. It does not matter 180 days or not, ac21 cannot be used.
 
I agree with gcsuffer about company having the power to revoke I-140.
One other possibility exists(and again you need to confirm with the lawyer or anyone else who faced a similar situation).
e.g. if u get laid off and company does not revoke the I-140 application, instead if it supports it, you can join a new company, wait for the I-140 to be approved (assuming you do not get a RFE) and then send BCIS a note saying that you are using AC-21 for the new employer. (I just heard this but don't know anyone who did this).
If you get a RFE when u take the new job, it might lead to problems.
I would not advise change of job unless your lawyer is confident and the company supports your I-140 application even after u leave them.
 
Well, if I-140 not appoved before you changed your job, it's not called revoke. It's called withdraw. If I-140 approved before you change your job, it's called revoke.

As Naanshi said, if I-485 PASSED 180 days, it doesn't matter if your old employer revoke or withdraw your I-140.

fiveice
 
fiveice said:
Well, if I-140 not appoved before you changed your job, it's not called revoke. It's called withdraw. If I-140 approved before you change your job, it's called revoke.

This is true

As Naanshi said, if I-485 PASSED 180 days, it doesn't matter if your old employer revoke or withdraw your I-140.

Never heard about this. My understanding is I140 has to be approved. I wish it was true. I could use ac21 in next few months

fiveice
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