Question I-140 Withdraw/Deny after 180 Days

L

lisansw

Registered Users (C)
If one passes 180 days after I-480, one can use AC21. It seems to me no many post indicate the I-140 status. I have a question about the I-140 status after 180 days.

Suppose we have cases after I-485 pending 180 days,
1. Employer withdraw I-140 (approved)
2. Employer withdraw I-140 (pending)
3. I-140 denied

Case 1 should be no problem based on previous post. What about case 2 and case 3?

Thanks.
 
Is you read AC21 guidelines then it looks for approved 140 application. so in both case 2 and 3 there is no approved 140 and then your 485 will be denied.If you have a approved 140 and is witdrwan then AC21 will work does't matter when it was withdrawn before 180 days or after if INS fails the 180 day 485 adjustment limit.
 
"If you have a approved 140 and is witdrwan then AC21 will work does't matter when it was withdrawn before 180 days or after if INS fails the 180 day 485 adjustment,"

for ghost-rider:

any link to lawyer interpretition or site? if 1485 pending, but approved I-140 revoked after the filling of I-485 and I-485 pending more than 180 days, can one use AC21?
 
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"If you have a approved 140 and is witdrwan then AC21 will work does't matter when it was withdrawn before 180 days or after if INS fails the 180 day 485 adjustment,"

for ghost-rider:

any link to lawyer interpretition or site? if 1485 pending, but approved I-140 revoked after filling of I-485 and I-485 pending more than 180 days, can one use AC21?

Naman,

I think you have answered this question by yourself. Or withdraw and revoke has different meaning? Anybody has the answer?
 
"If you have a approved 140 and is withdrawn then AC21 will work doesn’t matter when it was withdrawn before 180 days or after if INS fails the 180 day 485 adjustment,"

The above statement is quote from “ghost-rider” reply to otherpost

my question for ghost-rider is:

any link to lawyer interpretations or site? if 1485 pending, but approved I-140 revoked after filling of I-485 and I-485 pending more than 180 days, can one use AC21?






I still don’t know the concrete answer for my question because final regulations are not out, and this kind of situation in not mentioned in March INS Memo I just wanted to reconfirm from “ghost-rider”
 
Check up sheela murthy website for Ac21 guidelines.
murthy.com I think you can find it there. I came to know this when i spoke with my lawyer kinda good one in SFO area.

If ur request to withdraw the approved 140 is send before 180 days and INS doesnot reject your 485 with in 180 days Ac21 ruling will come in effect.
 
Please clarify abt 180 day port?

Originally posted by ghost-rider
Check up sheela murthy website for Ac21 guidelines.
murthy.com I think you can find it there. I came to know this when i spoke with my lawyer kinda good one in SFO area.

If ur request to withdraw the approved 140 is send before 180 days and INS doesnot reject your 485 with in 180 days Ac21 ruling will come in effect.
Click to expand...
Ghost-rider, your information has been very helpful..So, just want to clarify before I relax...
----------------
Have a question abt this 180 day portability.
Suppose that I file concurrently on 9/1/2002 for 140/485
My 140 got approved on 1/1/2003, my 180 days clock will tick on 3/1/2003.
I understand that employer cant revoke 140 if 180 days have passed.
Since my 140 is approved on 1/1/2003, if the employer wants to revoke my 140, does 180 days count from approval of 140(1/1/2003) or filing of 485(9/1/2002)?
In short, if you take my dates above into consideration, when will my employer loose his power over revoking my 140?
I have an offer with another company B with similar job conditions. They are offering 30% more salary than what I am getting now and what was placed on LC. Can I take that job with that much salary difference after my 180 days of 485 filing is over?
Thanks,
 
Dear "ghost-rider" INS key Pass rahnay valay
as requested by you
I searched the below murthy.com and could not find answer to my question

AC21 Frequently Asked Questions
http://www.murthy.com/UDac21qa.html#1

http://www.murthy.com/UDac21qa.html
http://www.murthy.com/UDac21up.html


I could only find the below answer to a question by murthy.com

http://www.murthy.com/asking.html
Question : In your experience, how much time does VSC take to act on a Letter of Revocation of I-140 from a future employer?

Answer : Usually about 3 months, on average, give or take a few weeks. As we have written previously, the INS has stated verbally in various AILA meetings that the revocation of the I-140 will not disrupt a beneficiary's ability to obtain permanent residence based upon that I-140, provided that their I-485 has been pending at least 180 days. The date of the revocation is measured at the point when the INS acts on the employer's request, not the date the employer sends the written request. Therefore, the average three-month delay can be helpful to those trying to get green cards. Of course, it is possible that once the INS issues regulations, they may modify some of their verbal positions based on a changed political climate.

Posted Nov.01.2002
 
I am intrested in this question of Revoking I-140 after filing I-485
becase one of my friend is in similar situation his case is

A. I-140 was approved in 2001 for company A but employer never filed I-485
B. my friend changed to employer B by H1B transfer and joined him and still working with valid H1B
C my friend filed I-485 with the I-140 reciept notice ( that time I-40 was valid), he got EAD ( not using it) AP and I-485 filing reciept

D few days back he checked online and found that his I-140 has been revoked after his I-485 was filed, I-140 was revoked after 85 days of filing I-485 and his I-485 is still pending and crossed 180 days it means his I-485 had the base of approved I-140 when he filed I-485 but now that base has gone can he still use AC21

Thanks for help
 
my opinion

I think ghost-rider is right. AC21 doesn't apply for cases where I-140 is denied or withdrawn before processing is complete. It is very important to note here that AC21 is good for only approved I-140 cases. Nothing else will meet the legal requirements of AC21. There shouldn't be much confusion about it.

It is also true that the approved I-140 stands good even if the employer withdraws it, as long as the INS does not process your case for 180 days on I-485. That means, after 180 days, you are free to work anywhere without any fear of voiding I-140 approval (even if the employer withdrwas it) as long as the job duties and salary comes close to the one in the labor petition. To avoid confusion about 180 days, AC21 etc.., my suggestion is do not bother about counting 180 days or AC21 benefits until the time your I-140 is approved first. Wait for I-140 approval first and then happily count the 180 days on I-485. Take it step by step. This would avoid lost of confusion.
 
Hi Naman,

Did your friend file I-485 by company B immidiately using old company A's Approved I-140 after leaving company A?

Did he check AVM ?

Thanks
 
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Hi chijan,
My friend left company A 8 months back and his I-140 was approved they were not filing I-485 and delaying it
Then my friend joined company B by H1 transfer and still working with company B on H1B
He filed I-485 with receipt of approved I-140 while he is working with B in similar job at the time of filing I-485 the I-140 was approved it has been revoked after filing I-485( please read the details in my above post
he checked AVM and INS ONLINE it shows that I-40 is revoked and notice was mailed that was after filing I-485
I hope the old company lawyer may have received the Notice as different lawyer filed I-485.
if you have filed the case in similar situations please check with your lawyer what happens to this kind of cases becase my friends lawyer is out of US for 20 days when he comes back he will talk to him if he can still use AC21
my friends new Employer B has started LC process as Saftey net as he is still maintaining H1b status with B
 
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ghost-rider,
Can you tell me who's your lawyer? I am looking for a good lawyer.

Naman,

How's going with your friend's case? Is he eligible for AC21.

Thanks for your reply
 
Please read the thread sent by "ginnu"
AC21 and I-140 Revocation: INS Inconsistent on I-485s

It is written by good lawyer Sheela Murthy after reading that no body is sure if INS will approve I-485 if I-140 was revoked before 180 days.
all the posts are just Guess work, or Opinion as no final regulations and no final say.
I can’t say if my friend can use AC21. He has stopped checking the immigration websites and he does not care if AC21 will apply or don’t apply in his case. His new employer filed his new LC. He is not interested in GC at this time he is working and want to remain employed for 1 more year then he does not want to remain in US even if he gets GC, He has decided that he will be much happy in India. Every one has a different reason. He does not want to live in stress in US.
I don’t know if he is going to use AC21 or AC21 applies in his case or eligible for AC21 as he has stopped worrying about this.
 
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