Track AC21 Cases (140 Revoked by employer)

Positive4GC...

I think - with whoever is applying for AC21 and switching companies....I think ...they will eventually face one stumbling block of I-140 revocation...

I think once we surpass this hurdle...it's gonna be bliss from here on..

With AC21 - I think we will have to wrestle with the devilish employer to fight back the GC process!
 
santa4u said:
For an employer - revoking I-140 can be harmful...I think...

If I-140 revoking would not be harmful....

Then an employer can just keep cancelling I-140 and keep giving the same labor to all the employees and let them use AC-21 and get away with it...


like CSOFT (that lot of people, know about)...

Even CSOFT - they kept applying with labor photocopy but I doubt if they every revoked I-140...
Click to expand...

If an employee has left, after 180 days of filing of I-485, using AC-21 then his labor can not be used for anybody else. One GC per labor.

About CSOFT cases, you would be knowing what happened.
 
Last edited by a moderator:
What do you mean by "devilish employer"?

santa4u said:
Positive4GC...

I think - with whoever is applying for AC21 and switching companies....I think ...they will eventually face one stumbling block of I-140 revocation...

I think once we surpass this hurdle...it's gonna be bliss from here on..

With AC21 - I think we will have to wrestle with the devilish employer to fight back the GC process!
Click to expand...

What do you mean by "devilish employer"? If you are not happy with your employer, clearly your intent of permanent employment is missing. Why to get GC thru employer you don't like.

To stay on just to get GC and to leave asap, could be argued as "abuse" of the system.
 
desi3933 said:
If an employee has left, after 180 days of filing of I-485, using AC-21 then his labor can not be used for anybody else. One GC per labor.

About CSOFT cases, you would be knowing what happened.
Click to expand...

Are you sure about this?

I hate spreading information - that one is not sure of...
Then why would employers even think of revoking I-140 after 6 months (like for instance - all the grievances in this forum)? ...
 
desi3933 said:
What do you mean by "devilish employer"? If you are not happy with your employer, clearly your intent of permanent employment is missing. Why to get GC thru employer you don't like.

To stay on just to get GC and to leave asap, could be argued as "abuse" of the system.
Click to expand...

The way USCIS intended was - that an employer sponsors an employee for GC...once the GC comes....the employee works for the employer for about 1 year or more...


In most H1B cases - employees have worked for them for 3 years+ and at the end ...one still expects to continue employement for another 1 year....It's just crazy!
 
Once a I-140 is revoked and my AC21 is invoked, can the I-140 be used to a different person using a different labor.

My initial I-140 was EB3. If the previous employer can use a new labor petition on this I-140, what would be the priority date????If it same as mine, who would be approved first. Can it be prior to mine.

What are the worst case scenario if my previous employer uses my I-140 to someone else. Please share your experience.
 
santa4u said:
The way USCIS intended was - that an employer sponsors an employee for GC...once the GC comes....the employee works for the employer for about 1 year or more...


In most H1B cases - employees have worked for them for 3 years+ and at the end ...one still expects to continue employement for another 1 year....It's just crazy!
Click to expand...

H1 and GC are two different things. On H1 one is working with employer of his/her choice. Nobody is forcing him/her to work there. For GC, employee "intends" to work with the employer. So how it is crazy and still wondering how it makes employer "devilish employer". Remember employer hired the person to work on H1 and employer is not required to do GC.

Working on H1 status does not entitle the person to get Green Card.
 
Positive4GC said:
Once a I-140 is revoked and my AC21 is invoked, can the I-140 be used to a different person using a different labor.

If your I-485 is approved, then that LC/I-140 can NOT be used for anybody else.

My initial I-140 was EB3. If the previous employer can use a new labor petition on this I-140, what would be the priority date????If it same as mine, who would be approved first. Can it be prior to mine.

What are the worst case scenario if my previous employer uses my I-140 to someone else. Please share your experience.
Click to expand...
 
My 485 is not approved yet and I filed for MTR for a denial issued by USCIS in error. I-140 was revoked by previous employer. What would be my priority date and if this I-140 is used by another candidate from my prev company, who would be approved first.
 
Positive4GC said:
My 485 is not approved yet and I filed for MTR for a denial issued by USCIS in error. I-140 was revoked by previous employer. What would be my priority date and if this I-140 is used by another candidate from my prev company, who would be approved first.
Click to expand...

Depends on MTR. If I-140 revokal is reversed then you retain the PD and your I-485 app can continue. In this case, labor/I-140 can not used by anybody else.

If I-140 remains revoked, then you may lose your PD and I-485 can be denied. Also in this case, labor can be substituted and that person will get PD.
 
desi3933 said:
Depends on MTR. If I-140 revokal is reversed then you retain the PD and your I-485 app can continue. In this case, labor/I-140 can not used by anybody else.

If I-140 remains revoked, then you may lose your PD and I-485 can be denied. Also in this case, labor can be substituted and that person will get PD.
Click to expand...

Ok, If I-140 remains revoked, I would lose my PD. Would I get an approval at all or is my 485 useless???? What is the meaning of AC21 portability in that scenario.

If that I-140 is used for someone else, what would be the PD for the new application - same as the labor filed on my behalf??? do they have to file a new labor to use that I-140???
 
Positive4GC said:
Ok, If I-140 remains revoked, I would lose my PD. Would I get an approval at all or is my 485 useless???? What is the meaning of AC21 portability in that scenario.

If that I-140 is used for someone else, what would be the PD for the new application - same as the labor filed on my behalf??? do they have to file a new labor to use that I-140???
Click to expand...

Positive4GC - why are you listening to desi3933? It's just his opinion...

always trust the evidence....believe a guy...who says to you "My I-140 got revoked and I lost my PD because of it" -I haven't seen a single guy - claim that!

In this forum, I see tons of guys saying - "My I-140 got revoked and I appealed with MOTR and I got my GC approved and I retained my PD" There is overwhelming evidence...

When you have so much evidence of so many guys - why the mistrust?
 
desi3933 - if you have seen somebody losing I-140 PD - then go around claiming so....

Just don't say it - because you think so...

You are just scaring people....let's rely on facts...and not hearsay ( I said / I thought)
 
I'm just trying to get a clear picture here.

Ok, can I get an answer here please. I'm worried since I filed my MTR and if my former employer uses the revoked I-140 to someone else, what are my chances in getting a clean approval. Please reply that helps me.
 
banta4gc said:
Positive4GC - why are you listening to desi3933? It's just his opinion...

always trust the evidence....believe a guy...who says to you "My I-140 got revoked and I lost my PD because of it" -I haven't seen a single guy - claim that!

In this forum, I see tons of guys saying - "My I-140 got revoked and I appealed with MOTR and I got my GC approved and I retained my PD" There is overwhelming evidence...

When you have so much evidence of so many guys - why the mistrust?
Click to expand...

Banta4GC - What you are saying is opinion too. I said the same thing that if after MTR if I-140 revokal is reversed, I-485 can continue. If I-140 revokal is confirmed by MTR then, of course, I-485 is likely to be denied.

When you say "My I-140 got revoked and I appealed with MOTR and I got my GC approved and I retained my PD" in those cases I-140 revokal was reversed as part of appeal/MOTR. If I-140 is active again, person will retain his PD.
 
Positive4GC said:
I'm just trying to get a clear picture here.

Ok, can I get an answer here please. I'm worried since I filed my MTR and if my former employer uses the revoked I-140 to someone else, what are my chances in getting a clean approval. Please reply that helps me.

As I said before it depends on MTR. If it was determined that AC-21 can be applied in that case, your I-140 will be active again and your processing of I-485 can continue.
Click to expand...
 
banta4gc said:
desi3933 - if you have seen somebody losing I-140 PD - then go around claiming so....

Have you seen anybody who retained his/her PD after I-140 was revoked and that person did not use AC-21 successfully?

Just don't say it - because you think so...

You are just scaring people....let's rely on facts...and not hearsay ( I said / I thought)
Click to expand...
 
My I-140 was concurrently filed with 485 in Nov 2004, and I-140 approved in June 2005. It was later revoked in Sep 2006 and I applied for MTR. I believe AC21 is automatically applied in this case.

Now, if revoked I-140 is not reversed, what would be the PD???? Would I get an approval?
 
Positive4GC said:
My I-140 was concurrently filed with 485 in Nov 2004, and I-140 approved in June 2005. It was later revoked in Sep 2006 and I applied for MTR. I believe AC21 is automatically applied in this case.

AC-21 is not automatically applied.

Did you send a letter to USCIS indicating your option to invoke AC-21 along with new employment letter stating full time job with job duties?

Now, if revoked I-140 is not reversed, what would be the PD???? Would I get an approval?
For I-485 approval an underlined active approved I-140 is required.
Click to expand...
 
desi3933,

All I'm concerned about is if my previous employer can use my revoked I-140 and apply with a different labor. Can they use this I-140 with a labor approved before 2001. If they do so, would I lose my GC???? Can they do it.

If not, do they have to apply a new labor and apply this I-140. In any case, if they are intended to use this I-140, what is the PD of the new guy. Since my 485 is pending for more than 700 days, I assume my PD is retained.

Please explain....
 
You must log in or register to reply here.
Top