Threatened by Employer to withdraw approved I-140 and 485

K

kumarvalluri

Registered Users (C)
Hi Gurus,

Please advise us on this issue as my employer is threatening to withdraw approved I-140 and pending 485 for more than 365 days of concurrent filing.

Here is the situation i am working for company A and my wife also
working for company A , My wife is the primary benificiery of the Green card.

I have requested my company to relieve me so that i can join another company using my EAD. making sure my wife continues with her company A where even i am working.

The employer is threatening me that he will withdraw the green card processing filed for my wife. saying that if you leave our company then i will do this withdrawl to your wifes application.

Please advise me what are the alternatives to me and my wife on this issue , Since we are on high billing and the employer is having a sweet cut, all these years he is blackmailing us .
even though i am not a primary benificiery.

Please help us with what all alternatives we have to get out
this employer. But still keep the green card processing.​
 
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Unitednations

Thanks for your response and appreciate your views and suggestions but it looks like the the word "Screwed" is in bad taste.

Also what is the usage of AC21 in this context.

I -140 ND jan 2003
Approval Feb 2004
 
If 140 is approved and 485 is pending > 180 days the employer can not withdraw 140. When was the 485 filed? :D
AC21 enables changing jobs if 140 approved and 485 pending > 180 days.

In future always state full facts - so that people amy give useful responses.

Good luck
 
Your facts are wrong and research incomplete. Quoting the famous Aug'03 memo:
"Accordingly, guidance in the June 19, 2001, memorandum provides that the labor certification or approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
(a) A Form I-485, Application to Adjust Status, on the basis of the EB
immigrant petition has been filed and remained unadjudicated for 180
days or more; and
(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.
...
If the Form I-140 (“immigrant petition”) has been approved and the Form I-485 (“adjustment application”) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or
similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment. .......
"
Of course you need a similar job- to continue the GC process. That is the basis of your GC.
 
UN is right

I think the UN is right ;)
Thought the employer cannot withdraw the 485 app, his very action of revoking the 140 will defintely ensure a 'Notice of intent to deny' (NOID). The onus is then on the applicant to provide proof to show similar employment. The case will not be denied outright but an NOID will surely come around.
:cool:
 
sb_tiger

sb_tig

Here is the information about my I-140 and 485

I -140 ND jan 15th 2003
Approval Feb 2004

I-485 Nd feb 7th 2003
 
unitednations is right and sb_tiger is right too, partially though.

kumarvalluri - your wife must get a job of similar nature, but do expect a notice of intent to deny. After her employer request for revocation of approved 140(no withdrawal as it is approved), USCIS will send you a NOID and all thaat you have to do then is reply it in a reasonable way. Not a big deal - if you feel shaky about it - get a good lawyer.
 
If you change job while 485 is pending- you obviously need a similar job. What is so complicated/confusing/mysterious about this. :(
Why is this question asked ten times every day? :confused:
 
Employer can ask for revocation of I-140 at any time. Even may be after approval of I-485. But it does not make any sense. So for all practical purposes employer cannot revoke approved I-140 once 180 days limit is crossed.

Some one on this forum asked FOIA From CIS. On the copies he received there was big seal stating that I-140 should not be revoked in big letters. Even employer request CIS for revocation CIS may reject his request.
What sb_tiger is stating is right.
 
What we expect people do is read and search the forum- that is not an unfair/unrealistic expectation.

As reagrds the issue at hand- if you have changed jobs- you are done with your old employer- his support or lack of support does not matter. The only thing that matters is new job and new employer. The new employer must (obviously) give EVL and also the job should be 'similar'. On the other hand if you get fired and do not have any (or similar) job and if you receive an RFE from BCIS- you are sunk. This once again has nothing to do with the sponsoring employer withdrawing your 140 or not. Lets say you are not fired and if there is an RFE - if your sponsor does not give EVL you are sunk.
Visit the AC21 Forum for details etc.
 
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Since your employer has threatened you, make their name public in this forum. They should be exposed.
 
So, to summarize, if 180 days has passed after filing of i485 [after the approval of I140], u [the primary applicant], can switch jobs using AC21.
Irrespective of whether the employer [who applied for the I140] requests revocation of that r not, as long as the GC is approved, there is always a possibilty for RFE requesting EVL or other materials from the potential employer.
Hence as long as the primary applicant can answer a query for future employer [either from the current one or a new future employer], they need not worry.
The secondary/derivative applicants standing depends on the primary, so if the primary applicant's GC is rejected, so would the secondary.
So, ur best option here, to avoid any risk, what so ever is to find another similar/same job for ur wife [the primary applicant] first, before proceeding further. Hope this clarifies.
 
OmGV- In above I think you meant "... as long as the GC is unapproved - BCIS can request EVL..."

To further add - inspite of the fact the 140 is not revoked- if you currently (@time of RFE) don't have a job- your GC process will get terminated.
You are applying of Employemnt Based (EB) GC- you must have an employer. The way you prove you have an employer- by providing EVL. :cool:
 
I am in the same situation. I filed I-140 and 485 concurrently.
My I-140 got approved on April 30th 2004.
RD: 09/08/2003
ND: 09/15/2003

I-485
RD: 09/08/2003
ND: 09/15/2003


Can I use AC21. if my client offers me a Job or should I have to wait to pass 180 days after the I-140 was approved.
 
For AC21 180 days have to be past from 485 RD only. 140 approval should happen but the date itself is irrelavent.
HTH
 
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You have to wait till October 30th before changing job. Thanks.

M
test987 said:
I am in the same situation. I filed I-140 and 485 concurrently.
My I-140 got approved on April 30th 2004.
RD: 09/08/2003
ND: 09/15/2003

I-485
RD: 09/08/2003
ND: 09/15/2003


Can I use AC21. if my client offers me a Job or should I have to wait to pass 180 days after the I-140 was approved.
Click to expand...
 
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