Same doubt as others!

[prman]

Hello All,

I am on H1b and have an EAD in hand, and My 140 is approved and met the criteria of 180 days for changing jobs. Planning to move to another company invoking AC21 (not yet decided whether to invoke AC21 at the time of changing job or submit AC21 if asked by USCIS); I know it should be of the same/similar job. I don't know whether my employer will revoke I-140 or not. What happens if the employer revokes I-140? (140 already approved) Am I at risk?

If the employer revokes the 140 and informs USCIS, Does USCIS issues RFE at the time of adjudicating or immediately or may not issue at all?

And also please shed some light on the above colored area.

Appreciate responses...Thanks!

 

[bigboy00]

Hello All,


If the employer revokes the 140 and informs USCIS, Does USCIS issues RFE at the time of adjudicating or immediately or may not issue at all?

If the I-140 is revoked, the I-485 is rejected. The question of RFE/adjucation of the case does not arise - it is simply a rejection of your I-485!

 

[TheRealCanadian]

If the I-140 is revoked, the I-485 is rejected. The question of RFE/adjucation of the case does not arise - it is simply a rejection of your I-485!

This is completely incorrect, assuming 180 days have passed.

USCIS, upon being notified that the employer no longer intends to employ the alien, will typically issue a Notice of Intent to Deny immediately, and the alien must provide evidence of eligibility for AC21 relief within 30 days.

 

[bigboy00]

This is completely incorrect, assuming 180 days have passed.

USCIS, upon being notified that the employer no longer intends to employ the alien, will typically issue a Notice of Intent to Deny immediately, and the alien must provide evidence of eligibility for AC21 relief within 30 days.

I overlooked the fact that 180 days have passed! Thanks RC for the correction.

 

[StressTestInUSA]

So..RealCanadian,

in the event of having an approved 140, past 180 days of 485 filing and the employer revokes/cancels 140, haven't used AC21 we have time upto 30 days to find a new similar job and join the new employer...but the key remains that we know the cancellation of 140 right away which is very doubtful and we may know the news only after the mishap has happened...

In this situation now the new GC sponsoring employer will be the AC21-ed employer and not the original labor/140/485 filed employer...?

please clarify as 75% of us with EAD r in a dilemma about this jumping jobs...

 

[manwithnoname]

StressTest ... if a GC beneficiary proactively informs USCIS about invoking AC21 before the I-140 is revoked, the NOID could be avoided (whatever I gathered from the postings).

BTW - congrats on your I-140 approval.