Revoke 140?

M

mansee

Registered Users (C)
Need advice from Jim or other gurus about changing job after 180 days...

concurrent filing for 140, 485 in dec'02 using labor substitution.
approved 140, EAD, AP in mar'03.
client is asking to join after 180 days (june'03)

1. What are the risks involved?
Joined current contract company in oct'02 bcoz they had approved labor which was used for 140....H1 expiring in Jul'03.

2. What documents are needed? I do not have 140 approval notice, copy of 140 aplication form, copy of substituted labor with me?

3. Can my current company revoke my approved 140 before or after 180 days?

4. If revoked what are my choices?

Any inputs will help me decide about my options.
Any help would be appreciated.

Thanks
 
Employer can revoke I-140 any time .But INS takes lots of time to act on the cancellation.Try to convince your employer not to revoke I-140.

It would be safer for you to wait for 180 days and then change Job , as per INS instruction once you cross 180 days time period ,140/485 can't be cancelled.If somehow 140 get revoked on 179th days you will loose your 485/EAD/AP everything .

best of Luck.

Help2 :(
 
Thanks Help2...

Suppose I decide to join after 180 days and later on employer revoked 140? Does that affect my 485/EAD etc? What happens to 140 then? or in that case 140 is not necessary since job is changed after 180 days?

Is this 100% sure that,
1. I-140 cannot be cancelled after 180 days?
2. revoke of I-140 after 180 days does not affect 485/EAD/AP etc?

Are there any users who have gone thru this experience.

Thanks
 
there are no such written guidelines till now. Your 140 can be revoked even after 180 days. At times INS has approved the 485 with motion to reopen after 140 has been revoked but at times they hv rejected 485s. Check murthy.com in AC21 section.
 
mansee:


Concurrent filing for 140, 485 in dec'02 using labor substitution.
Approved 140, EAD, AP in mar'03.
Client is asking to join after 180 days (june'03)
1. What are the risks involved?
Joined current contract company in oct'02 bcoz they had approved labor which was used for 140.... H1 expiring in Jul'03.
--- ---Try to maintain your H1 status, file for extension and join new employer by H1 transfer because if I-485 is denied you will have safety of H1b
2. What documents are needed? I do not have 140-approval notice, copy of 140-application form, and copy of substituted labor with me?
---- Try to get Copy of approved LC, I-140 and I-485 filing reciept
3. Can my current company revoke my approved 140 before or after 180 days?
YES, he can do it any time, even after 180 days
4. If revoked what are my choices?
No body is sure as no AC21 final regulations
According to Muthy Bulletin NSC and CSC has denied the few cases, where the old employer revoked I-140 after 180 days of I-485 pending
and I-140 revoked before 180 days and I-485 pending more than 180 days.

All were posting here that if 180 days crossed after filing I-485 one can get GC, even if employer revokes I-140, many posted if I-485 pending more than 180 days Employer cannot revoke 140.
Recent trends show different scenario, because BCIS has no final regulations only one AC21June Memo
 
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