time taken and procedure for revoking I-140

[tammy2]

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.

There will not be any issues. That happens frequently.

 

[fast_gc_seeker]

There will not be any issues. That happens frequently.

ohh yaaa...so open up a company and try doing it, then post ur comments
here.

 

[gc_menia]

fast_gc_seeker is right. I used to work for 7000+ emp. company and they had well known Lawyer firm ( Fragomen Del Ray...). Paralegal also told me same bigger companies generally do not withdraw I-140 after approval. I think this labor substitution only happens in smaller companies e.g less than 200 employees. just my thought.

 

[fast_gc_seeker]

fast_gc_seeker is right. I used to work for 7000+ emp. company and they had well known Lawyer firm ( Fragomen Del Ray...). Paralegal also told me same bigger companies generally do not withdraw I-140 after approval. I think this labor substitution only happens in smaller companies e.g less than 200 employees. just my thought.

there u go gc_menia ..

thats what I was trying to explain to these folks here.
if u regularly process GC's its very rare that the employers
revoke approved 140's. I guess company size dosent matter
when it comes to revokation. When there is really a genuine
need like fraud,criminal activities etc and the petitioner comes
to know about it then they 'can' revoke approved 140, but normally
they wont go for revokation just because somebody quits before
180 days from 485 RD or if somebody is laid off because of economic
condition of petitioner.

 

[tammy2]

I was working for one of the biggest corporates in the world. In my company they revoked I-140 like any thing that too without informing the company attorney. They directly sent letter to our homes. USCIS officers visited our homes to check our status. Five of my colleagues were almost deported. Company's attorney negotiated with the company on our behalf even though he was representing the company. Attorney is such a good person.

Even now company is getting the approval. No questions are asked from any one. Recently I heard they sent revocation for some more guys. Company policy says there is no more intent to take him on the job for advertised position. That is what they send in the letter.

 

[fast_gc_seeker]

I was working for one of the biggest corporates in the world. In my company they revoked I-140 like any thing that too without informing the company attorney. They directly sent letter to our homes. USCIS officers visited our homes to check our status. Five of my colleagues were almost deported. Company's attorney negotiated with the company on our behalf even though he was representing the company. Attorney is such a good person.

Even now company is getting the approval. No questions are asked from any one. Recently I heard they sent revocation for some more guys. Company policy says there is no more intent to take him on the job for advertised position. That is what they send in the letter.

who says company will not have future 140 approvals once they
revoke some 140's? Do u know if after revokation USCIS folks did
not question "the biggest corporates in the world" whom u used to
work for? Your company must have given sufficient reason for revokation.
Since u r saying u had immigration officers visting ur homes after
140 revokation, I smell some find of irregularity in that revoked case.

Deportation :- First of all I never heard immigration officers visting
somebodys home just because their 140's are revoked. Since u r
saying that happened so I'm sure they must be there for some other
reason and not just because of 140 revokation. Remember you are
still legally staying in this country after 140 revokation. You become
'out of status' only after 485 is denied after considering your reply
to NOID issued to you. So please dont confuse people by saying
immigration officers visited your home just because 140 was revoked.

I've provided a easy solution to you. Open up a company, hire
some immigrants like you and me, sponsor their 140, revoke
it just like that and post of comments.

My previous comments are based on feedback I got from my
company's attorney who has handled 3000 odd GC's and President
of HR.

 

[tammy2]

Dude serach for my old posts you will come to know what happened. USCIS officers visited our houses. Once the I-140 is revoked I-485 is denied immidiatly. I have personally gone through that pain. I would not want to it for someone else.

It was Oct 2002. Then I started to search for answers. I found lot of answer on this portal. I know USCIS never raised the questions to them as I am still in touch with that company. I have first hand experience on this revocation matter.

We have not heard many things. We do not even know 10% of the immigration related matters. When it happened in our company we were hearing about the I-140 revocation first time. Life taught us in a hard way.

 

[gc_menia]

Tammy,

I do know not which biggest corporation you worked for and they revoked your I-140 without Attorney's suggestion and i am really surprised since Bigger corporation does not take single step in immigration matter without Attorney Concern. Your biggest Corporation may be involved in Immigration fraud or etcc.. otherwise why would Immigration Officer come to homes to check status of cases

I totally agree with gc_fast_seeker. Company must have given genuine reason for revocation for approved I-140 in following case.

Company has full intention to hire employee after GC approval while applying I-140 and employee has full intention to stay at Job untill GC approval but After I-140 approval company wants to lay off employee and plans to withdraw I-140 and substitute labor then INS smells bad here.

What i learned from Company lawyer (Fragomen Del.. ) Big Corporation do not withdraw I-140 to substitute labor after approval. I think Fragoman serves to Many Big corporations in USA. my thoughts

 

[gc_menia]

No comments but can't stop myself writing that how come so-called biggest corporation in the world can take immigration steps without attorney concern. what i know from my friends who work for large corporations that Big companies do not hire desi lawyer firm.

 

[fast_gc_seeker]

Dude serach for my old posts you will come to know what happened. USCIS officers visited our houses. Once the I-140 is revoked I-485 is denied immidiatly. I have personally gone through that pain. I would not want to it for someone else.

It was Oct 2002. Then I started to search for answers. I found lot of answer on this portal. I know USCIS never raised the questions to them as I am still in touch with that company. I have first hand experience on this revocation matter.

so mr or mrs.tammy2 those immigration officers were at ur place
because ur 485 was denied and NOT because ur 140 was revoked.
I also dont want anybody reading this thread to believe that
140 revokation puts them 'out of status' and invites immigration
officers to their home. and I dont need to read ur so called
'old posts' as my comments have come from a reliable attorney
and president of HR in my company who has witnessed many GC's
been approved and denied for frauds.


read what gc_menia says carefully and go figure for urself.

 

[TheRealCanadian]

I totally agree with gc_fast_seeker. Company must have given genuine reason for revocation for approved I-140 in following case.

Is my reason not genuine?

Show me statute, regulation or memorandum that backs you up.

 

[fast_gc_seeker]

Is my reason not genuine?

Show me statute, regulation or memorandum that backs you up.

I dont think so your reason is 'good enough'.
Do you think everything in this world goes by the book/law?

I'm telling u the reality which happens in my company and gc_menia
has told what has happened in his company. So like I suggested earlier
open up a company, sponsor somebody for 140, revoke it and then provide this reason to USCIS and let us all know what they say to you and your attorney

 

[gc_menia]

Real Canadian,

Your reason only applies to those desi companies who want to only benefits from hard working consultants and these companies always try to find loopholes.

 

[TheRealCanadian]

So like I suggested earlier open up a company, sponsor somebody for 140, revoke it and then provide this reason to USCIS and let us all know what they say to you and your attorney

I got a better idea. Ask your company to revoke the I-140 without providing reasons, and tell us what happens.

 

[fast_gc_seeker]

I got a better idea. Ask your company to revoke the I-140 without providing reasons, and tell us what happens.

Read this post carefully and try to understand what I said earlier.
I'm telling u from begining that my company does not just revoke
anybody's 140 without strong reasoning and you expect them to
sacrifice somebody's 140 for me to be able to post my comments
here? gr8!!..keep up the good work as moderator

Ask your company to revoke the I-140 without providing reasons, and tell us what happens

This comment of urs reminds me of president GWB. He keeps on saying
to senator Kerry.."You cannot win the war in Iraq, when you don't believe its
the right war"..similarly "If you start posting comments like above[asking for sacrificing somebody's hard earned 140] you cannot become a good moderator!!"

 

[tammy2]

Real Canadian,

Your reason only applies to those desi companies who want to only benefits from hard working consultants and these companies always try to find loopholes.

Fact of the matter is this is more often done the law abiding US companies which want get released from all the future commitments. GC is for future job since they do not provide him the offered job they will inform that USCIS and that is not a fraud or illegal. May be immoral.
Only companies, which involved in the fraud scare to do that.

 

[gc_menia]

Yes. Some compnies do that although by law, It is not required to inform about I-140 revocation compare to H-1 withdrawal which is mandatory. They do inform INS about I-140 withdrawal becuase of release from future commitment but even this case, they do not want to substitute any labor for someone else.

I am talking about desi companies who is taking benefits of I-140 withdrwal to threaten consultant or substitute labor.

My company had many approved labor with approved I140 without applying I-485 but company had policy that they do not withdraw I-140 which is not required by law and entertain substitution.

 

[TheRealCanadian]

Your reason only applies to those desi companies who want to only benefits from hard working consultants and these companies always try to find loopholes.

I'm not certain I understand your statement. Let me reiterate what I am attempting to state, all humor (which fast_gc_seeker did not detect - my apologies) aside.

There is nothing in any statute, regulation or memorandum that indicates that the petitioning employer needs to provide any "good" reasoning for withdrawing a pending I-140 or revoking an approved one. A GC is for a future job, and if the employer no longer wishes to offer that job to the alien then that is their right. My reasoning still stands - the only thing the employer needs to do is tell USCIS that they are no longer interested in offering a future job to that alien. End of story.

Withdrawal or revocation of an I-140 on its own does not trigger any sort of fraud investigation. There are some companies that sponsor a lot of aliens, and the more you sponsor by law of averages the more you will decide you don't want to sponsor, for a variety of reasons. If you are playing games, then BICE may sniff around but not for simply revoking an I-140.

It is also correct that unlike an H-1, the employer faces no liability or sanction by keeping the I-140 alive. Many companies on general principle do this, since it keeps their options open, or it's just an administrative hassle to get USCIS to withdraw/revoke the I-140. Your company may fall into this category - mine did too. However, they are under no obligation to do so, and this is the point I wish to emphasize.

What I don't want to see happen is some unlucky person try and contest the revocation or withdrawal of an I-140 by claiming that the employer didn't provide a reason. They don't have to, and USCIS will probably have a quick laugh at his expense before they issue the denial or NOID.

 

[fast_gc_seeker]

I'm not certain I understand your statement. Let me reiterate what I am attempting to state, all humor (which fast_gc_seeker did not detect - my apologies) aside.

There is nothing in any statute, regulation or memorandum that indicates that the petitioning employer needs to provide any "good" reasoning for withdrawing a pending I-140 or revoking an approved one. A GC is for a future job, and if the employer no longer wishes to offer that job to the alien then that is their right. My reasoning still stands - the only thing the employer needs to do is tell USCIS that they are no longer interested in offering a future job to that alien. End of story.

Withdrawal or revocation of an I-140 on its own does not trigger any sort of fraud investigation. There are some companies that sponsor a lot of aliens, and the more you sponsor by law of averages the more you will decide you don't want to sponsor, for a variety of reasons. If you are playing games, then BICE may sniff around but not for simply revoking an I-140.

It is also correct that unlike an H-1, the employer faces no liability or sanction by keeping the I-140 alive. Many companies on general principle do this, since it keeps their options open, or it's just an administrative hassle to get USCIS to withdraw/revoke the I-140. Your company may fall into this category - mine did too. However, they are under no obligation to do so, and this is the point I wish to emphasize.

What I don't want to see happen is some unlucky person try and contest the revocation or withdrawal of an I-140 by claiming that the employer didn't provide a reason. They don't have to, and USCIS will probably have a quick laugh at his expense before they issue the denial or NOID.

I smell some confusion here..I also apologize if some of my comments were either quoted wrongly by some people or I put them in a wrong way. Here is my comment again...

I agree with canadian that employers can revoke 140 with just statement like
"We do not wish to continue with this person...." . The story dosent end here
for this employer. Story 'may' end for that particular case and the unfortunate beneficiary.

Petitioners cannot repeatedtly keep on making simple statements like above and keep on revoking somebody's approved 140 for reason like they are quitting the company. If they do so there will definately be some flag on this company. Ofcourse withdrawal or revocation of an I-140 on its own does not trigger any sort of fraud investigation. Its the petitioners prerogative to revoke it, but like canadian says many employers DO NOT excerisize this because of "administrative hassle" in his/her words and "having a red flag on them" in my words.

 

[gc_menia]

Withdrawal or revocation of an I-140 on its own does not trigger any sort of fraud investigation. There are some companies that sponsor a lot of aliens, and the more you sponsor by law of averages the more you will decide you don't want to sponsor, for a variety of reasons. If you are playing games, then BICE may sniff around but not for simply revoking an I-140

<<< Please understand i am talking anout only larger corporations who play by rules.If it only one or two I-40 withdrawal then it is OK but if it is lots of I140 withdrawal because of company lays off and in addition tries to substitute labor for other employees then INS may raise a flag since one side company is laying off people and other side still applying labor and I-140 for another employees. It was explained to me by paralegal of Fragomen law firm and that is a reason why my company is not withdrawing approved I140 not with ' administrative hassle' reasons.