Revoking I-140

Rohani

Registered Users (C)
Guys,

I am thinking of changing employer using AC-21 rule. My I-140 is approved and 485 (ND-April 2003) is pending over 15 months.

What will happen to my GC process, if I donot inform INS about job change and my employer revokes I-140?

Any thoughts, Guru's. :confused:

Rohani
 
Rohani said:
What will happen to my GC process, if I donot inform INS about job change and my employer revokes I-140?

USCIS will send you a "Notice of Intent to Deny" at which point you will have 30 days to file a letter indicating your change of intent under AC21 and an EVL from the new employer.

The only challenge with an NOID is the short time allowed to respond. You need to ensure that you can trust your attorney to respond quickly, and you have the paperwork from your new employer. Probably the smartest thing to do is assume this will happen and act proactively to get the new EVL and collect paystubs, etc.
 
I was under the impression that the employer cannot revoke 140 after getting 140 approval and (485 RD > 180 days). Isn't that true?
 
hakoonamataata said:
I was under the impression that the employer cannot revoke 140 after getting 140 approval and (485 RD > 180 days). Isn't that true?

This is incorrect. The employer can always revoke the I-140; however revocation is not fatal to the Green Card process provided that the alien can respond to the NOID in a timely fashion.

If revocation of an approved I-140 after 180 days was impossible, then the Yates memorandum would not spell out in detail what needs to happen when this takes place. :)
 
Guys,

I understand from the forums and some advice from gurus that it is better to inform INS about job change and sending AC21 letters. And I am going to inform INS about this.

What will be the impact of these on my GC process:

1) job title is different,
2) job description is consistent with approved labour
3) but salary is +30K.

Approval :) or denial :eek:

Thanks
 
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