Question on Rapidigm
- Thread starter gambler
- Start date
I am a ex- Rapidigm employee..
Are u coming out of the company or are they laying you off .
My case I got laid off a year ago..but stilll I have contact with Rapidigm and immigration department. They didn't revoke my 140. Till now they are very co-operative.
They even fwd my second finger print.
It all depends how is your replationship with the contact person ( it may me HR...or any other person..)
If you need further info please PM me...
Elias
Are u coming out of the company or are they laying you off .
My case I got laid off a year ago..but stilll I have contact with Rapidigm and immigration department. They didn't revoke my 140. Till now they are very co-operative.
They even fwd my second finger print.
It all depends how is your replationship with the contact person ( it may me HR...or any other person..)
If you need further info please PM me...
Elias
Re: The employer can not revoke 140
Check this other incident in CSC
http://www.immigrationportal.com/showthread.php?s=&threadid=118049
Check this other incident in CSC
http://www.immigrationportal.com/showthread.php?s=&threadid=118049
ar88,
An employer can attempt to revoke -> that results in the Intent to deny etc -> the details of the AC21 process. But in essense the employer can not unilaterly send in a revocation request.
So if any of you are in 140 approved and 485 pending > 180 days and have a similar job -> you have nothing to worry.
HTH
An employer can attempt to revoke -> that results in the Intent to deny etc -> the details of the AC21 process. But in essense the employer can not unilaterly send in a revocation request.
So if any of you are in 140 approved and 485 pending > 180 days and have a similar job -> you have nothing to worry.
HTH
harleyDavidson
Registered Users (C)
ar888,
dont bluff unless you are sure....
dont bluff unless you are sure....
Hi HarleyDavidson,
What ar888 saying are true. Employer can withdraw 140 even after 1 year of 485 filing, but CIS cannot deny 485 if it is not adjudicated before 180 days.
e.g
485 filied, on next day 140 revocked but before 180 the case has adjudicated then CIS can deny the case based on 140
but Adjudication happens after 180 days then according to AC21 we can fight. Guys correct me if I am wrong.
These things has been covered lot of times in this forum.
Elias
What ar888 saying are true. Employer can withdraw 140 even after 1 year of 485 filing, but CIS cannot deny 485 if it is not adjudicated before 180 days.
e.g
485 filied, on next day 140 revocked but before 180 the case has adjudicated then CIS can deny the case based on 140
but Adjudication happens after 180 days then according to AC21 we can fight. Guys correct me if I am wrong.
These things has been covered lot of times in this forum.
Elias
Re: 140 approved and 485 > 180 days
Hi vascan,
I would say, You can change the employer. But still your employer can revoke 140. CIS may send you "Indend to deny", for that you need to prove Same or similiar job Description.
I would say it is little bit risk, because, RFE has 90 days to respond. Indend to deny has only 30 days to respose.
This topic has been answered by Shela Murthy many time in her Monday chat seesion. If possible read it from
http://www.murthy.com/chattran.html
or login to http://www.murthy.com on monday between 9:00pm and 10:00 pm and ask the same question to double check my response.
Best of luck
Elias
Hi vascan,
I would say, You can change the employer. But still your employer can revoke 140. CIS may send you "Indend to deny", for that you need to prove Same or similiar job Description.
I would say it is little bit risk, because, RFE has 90 days to respond. Indend to deny has only 30 days to respose.
This topic has been answered by Shela Murthy many time in her Monday chat seesion. If possible read it from
http://www.murthy.com/chattran.html
or login to http://www.murthy.com on monday between 9:00pm and 10:00 pm and ask the same question to double check my response.
Best of luck
Elias
Here you go....
Here is a chat from Murthy
Chat User : Hi. My I-140 and I-485 have been pending for more than 10 months. I am currently working on my EAD for another employer. What happens if my I-140 is revoked before it is approved? Will my I-485 application stand good?
Attorney Murthy : As repeatedly mentioned before in MurthyChat sessions, and as stated by the USCIS in their August 2003 Headquarters policy Memo on AC21, if the employer revokes the I-140 petition before it is approved, the I-485 cannot stand and may be denied by the USCIS. Both of the following conditions have to be satisfied for the person to enjoy I-485 portability: first, the I-140 has to be approved; second, the I-485 has to be pending in excess of 180 days; and third, the employee needs to show that the new job is in the same or similar field for the GC to be portable to the new employer.
Here is a chat from Murthy
Chat User : Hi. My I-140 and I-485 have been pending for more than 10 months. I am currently working on my EAD for another employer. What happens if my I-140 is revoked before it is approved? Will my I-485 application stand good?
Attorney Murthy : As repeatedly mentioned before in MurthyChat sessions, and as stated by the USCIS in their August 2003 Headquarters policy Memo on AC21, if the employer revokes the I-140 petition before it is approved, the I-485 cannot stand and may be denied by the USCIS. Both of the following conditions have to be satisfied for the person to enjoy I-485 portability: first, the I-140 has to be approved; second, the I-485 has to be pending in excess of 180 days; and third, the employee needs to show that the new job is in the same or similar field for the GC to be portable to the new employer.