time taken and procedure for revoking I-140

2

21579

Registered Users (C)
Hello,
My I-140 and 485 was filed together before 4 months by my employer. My I-140 was approved about a week back. As the current conditions of the company is not good, they have decided to lay me off. So they sent me a notice saying they would be revoking/ withdrawing my I-140. My questions are
1. Does anyone know the time taken to revoke I-140 in the Vermont Service center?
2. The procedure for revocation/withdrawal by the center?
3. Is it possible for me to use the AC-21 now?

Has anyone been through such a situation?It would be of great help if anyone help me out of this!!
Thanks
 
When did you apply for I-485. If they send after six months it will affect you. Ask them if they can delay.
There is no requirement in the statute for revoking I-140.
 
21579 said:
Hello,
My I-140 and 485 was filed together before 4 months by my employer.

My I-140 was approved about a week back.
------ It seems your I-485 is NOT pending more than 180 days and employer can revoke the I-140
As the current conditions of the company is not good, they have decided to lay me off. So they sent me a notice saying they would be revoking/ withdrawing my I-140. My questions are
1. Does anyone know the time taken to revoke I-140 in the Vermont Service center?
---According to USCIS the date the recieve the letter to Revoke I-140 will be counted not when they revoke
2. The procedure for revocation/withdrawal by the center?
----- once they recive the letter they can revoke same day or can take time
3. Is it possible for me to use the AC-21 now?
----- at this time you are not eligible to use AC21, request your employer NOT to send letter to USCIS to revoke approved I-140
Has anyone been through such a situation?It would be of great help if anyone help me out of this!!
Thanks
Click to expand...
 
thanks Tammy2 and Ginnu for the quick response! If not immediately do you have an idea of the time they would take to complete the process?
thanks
 
FYI for all,

I discussed 140 revocation with one attorney. He says its not
very easy for petitioners to revoke 140. They have to provide solid
reasons for revokation. If this petitioner has multiple 140's being
processed currently then normally they wont do it as it can
put a flag on the petitioner.
 
21579 said:
thanks Tammy2 and Ginnu for the quick response!

If not immediately do you have an idea of the time they would take to complete the process?

------ what you you mean by" if not??? what kind of process? if you mean that what will be the date of I-140 revoked ??it will be the date USCIS recives the letter to revoke I-140, they may not update the online status.
thanks
Click to expand...
 
fast_gc_seeker said:
FYI for all,

I discussed 140 revocation with one attorney. He says its not
very easy for petitioners to revoke 140. They have to provide solid
reasons for revokation.
----- employer dont need to give any reason to revoke I-140, they simply write the approvedI-140 petition LIN #XXXXXX orEAC#xxxxxxx filed by us for employer Gabbar Singh should be revoked
If this petitioner has multiple 140's being
processed currently then normally they wont do it as it can
put a flag on the petitioner.
---many employers have done this, they can revoke for X and it does not effect other I-140 filed by company for A B C D. IF I am a employer and I have filed I-140 for X I can revoke that. what kind of Flag this lawyer is talking?? employer has the ability to pay others and has filed I-140 for others and dont want X what kind of Flag if employer does not want X
Click to expand...
 
Sorry for not being clear.I was asking the "time period" taken for revoking, if it is not revoked immediately. If it is not updated on the USCIS site, is there any other way i can come to know about the revocation? I have tried calling the customer service number of USCIS. But i was told that either the employer or the attorney have to call up to know the details of revocation.
I would like to know the process of revocation in the Vermont service center, so that I would know the exact time period...When inquired, the lawyer hinted that he has not yet got any information about the revocation. It is nearly 6 weeks since they had applied for revocation. If it takes another 2 months from now, I would be in a safer position. thats my main concern.
thanks
 
Last edited by a moderator:
I am already in trouble and pain.If you know the answer please answer.other wise don't get confused.
 
Last edited by a moderator:
21579 said:
Sorry for not being clear.I was asking the "time period" taken for revoking, if it is not revoked immediately. If it is not updated on the USCIS site, is there any other way i can come to know about the revocation? I have tried calling the customer service number of USCIS. But i was told that either the employer or the attorney have to call up to know the details of revocation.
I would like to know the process of revocation in the Vermont service center, so that I would know the exact time period...When inquired, the lawyer hinted that he has not yet got any information about the revocation. It is nearly 6 weeks since they had applied for revocation. If it takes another 2 months from now, I would be in a safer position. thats my main concern.
thanks
Click to expand...
Majority of the times it never gets updated. There are very few cases where revocation got updated. Some one came to know about the revocation when his EAD was denied. Earlier INS stand was date of revocation was the INS act on the revocation letter. This was changed in 2003. Now revocation letter sent date (from the company) is usually revocation date.

You can question the stand of USCIS, as there is no solid ground for that.
 
21579 said:
Sorry for not being clear.I was asking the "time period" taken for revoking, if it is not revoked immediately. If it is not updated on the USCIS site, is there any other way i can come to know about the revocation?
----------- tamm2 has replied to you and he is correct

I have tried calling the customer service number of USCIS. But i was told that either the employer or the attorney have to call up to know the details of revocation.
------ you have NOT called USCIS you spoke to NCSC on 1-800 and they are correct becase I-140 belongs to employer they can only answer to employer or lawyer and they may not be able to update becase USCIS may not update the online status ( they just check the online status like you can do they are just contractors only second level has immigration officer)
I would like to know the process of revocation in the Vermont service center, so that I would know the exact time period...When inquired, the lawyer hinted that he has not yet got any information about the revocation. It is nearly 6 weeks since they had applied for revocation.
--- it means company has sent letter to Revoke I-140 , it is bad for you, lawyer may also not get responce from USCIS becase employer requested I-140 revokation and they may not send letter to employer or to lawyer for confirmation that they revoked the I-140. they have recieved the request and they will act on it
If it takes another 2 months from now, I would be in a safer position. thats my main concern.

----- I dont think you will be safer as the I-140 revokation letter has been sent by employer to USCIS. try to file new LC through new employer as back up if you are on H1 and you have more than 1.5 years on H1 becase new employer will take time to file LC, dont use your EAD if you have and maintain H1 status
thanks
Click to expand...
 
ginnu said:
---many employers have done this, they can revoke for X and it does not effect other I-140 filed by company for A B C D. IF I am a employer and I have filed I-140 for X I can revoke that. what kind of Flag this lawyer is talking?? employer has the ability to pay others and has filed I-140 for others and dont want X what kind of Flag if employer does not want X
Click to expand...

ginnu, I dont agree with ur comments. My company does many GC's every year and we have an experienced attorney. He told me clearly that normally
140 petitioners dont revoke 140 unless its something illegal or can
put the petitioner in trouble. He says USCIS will ask them many
questions on why 140 is being revoked? He also says this is in same
line as revoking/cancelling H1B after somebody is laid off or fired.

From what I've been told it seems if you fire an H1 and then later on
try to hire a new H1 for the same position, there can be questions
asked on this. I'm aware that sometimes USCIS wont ask any questions but many times they do ask. How many companies actually cancel H1's?

FYI- Cisco systems was in trouble in fiscal year 2000/2001 for hiring many H1 and then laying them off because of bad economy during that period.
I had few friends who were victims of this. Cisco never cancelled anybody's
H1 once they were laid off. Later on when Cisco was looking to hire some
new people on H1, it seems they had a flag from INS asking them reasons.
The end result was Cisco started hiring contractors in large numbers
as they could not hire H1's.
 
Last edited by a moderator:
fast_gc_seeker said:
ginnu, I dont agree with ur comments.

--- when did I say that you need to agree with my comments?????? belive what you think is correct
My company does many GC's every year and we have an experienced attorney. He told me clearly that normally
140 petitioners dont revoke 140 unless its something illegal or can
put the petitioner in trouble. He says USCIS will ask them many
questions on why 140 is being revoked? He also says this is in same
line as revoking/cancelling H1B after somebody is laid off or fired.

From what I've been told it seems if you fire an H1 and then later on
try to hire a new H1 for the same position, there can be questions
asked on this. I'm aware that sometimes USCIS wont ask any questions but many times they do ask. How many companies actually cancel H1's?

FYI- Cisco systems was in trouble in fiscal year 2000/2001 for hiring many H1 and then laying them off because of bad economy during that period.
I had few friends who were victims of this. Cisco never cancelled anybody's
H1 once they were laid off. Later on when Cisco was looking to hire some
new people on H1, it seems they had a flag from INS asking them reasons.
The end result was Cisco started hiring contractors in large numbers
as they could not hire H1's.
Click to expand...
 
fast_gc_seeker said:
ginnu, I dont agree with ur comments. My company does many GC's every year and we have an experienced attorney. He told me clearly that normally
140 petitioners dont revoke 140 unless its something illegal or can
put the petitioner in trouble. He says USCIS will ask them many
questions on why 140 is being revoked? He also says this is in same
line as revoking/cancelling H1B after somebody is laid off or fired.

From what I've been told it seems if you fire an H1 and then later on
try to hire a new H1 for the same position, there can be questions
asked on this. I'm aware that sometimes USCIS wont ask any questions but many times they do ask. How many companies actually cancel H1's?

FYI- Cisco systems was in trouble in fiscal year 2000/2001 for hiring many H1 and then laying them off because of bad economy during that period.
I had few friends who were victims of this. Cisco never cancelled anybody's
H1 once they were laid off. Later on when Cisco was looking to hire some
new people on H1, it seems they had a flag from INS asking them reasons.
The end result was Cisco started hiring contractors in large numbers
as they could not hire H1's.
Click to expand...

Revoking H1/I-140 is not complicated. It can be just simple letter contains his receipt number and name of beneficiary. For H1 it is mandatory to inform the USCIS about the termination of the employment. USCIS rarely questions that one if there were any kind (just not H1) of layoffs prior to that or if they are not meeting some


On the other side revoking of I -140 is not compulsory. It is entirely depends upon the employer. He can revoke it substitute to another employee also. Usually they never question this decision.
 
ginnu said:
--- when did I say that you need to agree with my comments?????? belive what you think is correct
Click to expand...

chill down man...:)

I was posting my comments based on what my employer who has more
than 3000 GC's approved says. They say if they really want to revoke
somebody's approved 140, they do require to give reasons for doing that.

tammy2 said:
Revoking H1/I-140 is not complicated. It can be just simple letter contains his receipt number and name of beneficiary. For H1 it is mandatory to inform the USCIS about the termination of the employment. USCIS rarely questions that one if there were any kind (just not H1) of layoffs prior to that or if they are not meeting some

On the other side revoking of I -140 is not compulsory. It is entirely depends upon the employer. He can revoke it substitute to another employee also. Usually they never question this decision.
Click to expand...

I'm aware that procedure is simple but like my employer says explanation needs to be provided as to why 140 is being revoked. Ofcourse like you
say its upto the petiotioner to revoke or not.
 
fast_gc_seeker said:
chill down man...:)

I was posting my comments based on what my employer who has more
than 3000 GC's approved says. They say if they really want to revoke
somebody's approved 140, they do require to give reasons for doing that.
------ he is employer not a lawyer, no reason need to be given to revoke I-140


I'm aware that procedure is simple but like my employer says explanation needs to be provided as to why 140 is being revoked.
------ he is employer not a lawyer, no reason need to be given to revoke I-140

Ofcourse like you
say its upto the petiotioner to revoke or not.
Click to expand...
 
ginnu said:
------ he is employer not a lawyer, no reason need to be given to revoke I-140
Click to expand...


This has come to my employer from their attorney ofcourse!

I believe in them because my employers business is
totally based on H/L visa holders[ie. immigrants like u and me]
and they processes 100's of GC's every year. Go figure...
 
fast_gc_seeker said:
I believe in them because my employers business is
totally based on H/L visa holders[ie. immigrants like u and me] and they processes 100's of GC's every year. Go figure...
Click to expand...

Absolutely. They need a reason to revoke or withdraw an I-140. And that reason can be:

We are no longer interested in offerring a position to this alien.

End of story. Thank you, come again (but with a different I-140!)
 
TheRealCanadian said:
Absolutely. They need a reason to revoke or withdraw an I-140. And that reason can be:

We are no longer interested in offerring a position to this alien.

End of story. Thank you, come again (but with a different I-140!)
Click to expand...

open a company, sponsor some 140's and tell USCIS that u r longer
interested in these 'aliens' and enjoy dancing to USCIS tunes targeting ur company.

I'm not talking about any law in my previous posts, its just a fact
which many employers follow. My comments don't mean that 140's
are not revoked by employers, it sure can be revoked by its
petitioner anytime before 180 days of 485 RD but they 'may' face issues in some other 140's.
 
Last edited by a moderator:
You must log in or register to reply here.
Top