Track AC21 Cases (140 Revoked by employer)

A

Ajay01

Registered Users (C)
Want to start a new thread to track AC21 cases where the employer revoked I-140. there is some info/cases in this forum but its in bits and pieces, so hopefully we can track all these cases here.

Thanks
Ajay
EB3 (India) - July 02
 
Why would an employer risk - revoking I-140?

- wouldn't it harm the employer in the long run - if his I-140's getting rejected ...
 
santa4u said:
Why would an employer risk - revoking I-140?

- wouldn't it harm the employer in the long run - if his I-140's getting rejected ...
Click to expand...

I am not sure why that would harm the employer. For example after I-140 is approved if the employee resigns from the company then they can inform USCIS to revoke the I-140 stating employee has left the company, so that they can reuse the underlying approved labor certification to somebody else.

At least in my case that is what the motivation for my employer I can think of to revoke my approved I-140. Thank God I am covered under AC21.
 
AC21 Invoked, Employer revoked 140 and LUD change

Hello,

Any of you Invoked AC21 and then you know your employer revoked 140 ?Does the LUD on 140 change when the employer revokes 140 ?

I ask because employers say they will not revoke, but later they revoke. So what is the best way to know if they have revoked. Can we rely on 140 LUD
change as one of the ways to know ?
 
Any thoughts guys ?


willgetgc2005 said:
Hello,

Any of you Invoked AC21 and then you know your employer revoked 140 ?Does the LUD on 140 change when the employer revokes 140 ?

I ask because employers say they will not revoke, but later they revoke. So what is the best way to know if they have revoked. Can we rely on 140 LUD
change as one of the ways to know ?
Click to expand...
 
Yes, an LUD will be there on 140 and 485 if employer revokes 140. If AC21 already filed and if it is attached to 485 file, then USCIS won't send NOID.

willgetgc2005 said:
Any thoughts guys ?
Click to expand...
 
DSLstart said:
Yes, an LUD will be there on 140 and 485 if employer revokes 140. If AC21 already filed and if it is attached to 485 file, then USCIS won't send NOID.
Click to expand...

My AC21 paperwork was received by USCIS after I-140 was revoked (from my DHL tracking). I got a I-485 denial as a result of this. I applied for MTR with the help of a new lawyer. Please give your inputs.

Thanks
 
485 was denied because of lack of AC21 info with USCIS at time of 140 withdrawl. With MTR ofcourse you must have sent the relavent AC21 info, so USCIS may take that into consideration and reopen your case.
Good luck.

Positive4GC said:
My AC21 paperwork was received by USCIS after I-140 was revoked (from my DHL tracking). I got a I-485 denial as a result of this. I applied for MTR with the help of a new lawyer. Please give your inputs.

Thanks
Click to expand...
 
DLSTART or OTHERS,

Thank You. Will the Case status or the online message change when I-140 is revoked ? Will the online message say I-140 is revoked.



DSLstart said:
Yes, an LUD will be there on 140 and 485 if employer revokes 140. If AC21 already filed and if it is attached to 485 file, then USCIS won't send NOID.
Click to expand...
 
willgetgc2005 said:
DLSTART or OTHERS,

Thank You. Will the Case status or the online message change when I-140 is revoked ? Will the online message say I-140 is revoked.
Click to expand...

In my case just I-140 LUD changed with no message change when employer revoked the I-140.
 
pacha_card said:
I am not sure why that would harm the employer. For example after I-140 is approved if the employee resigns from the company then they can inform USCIS to revoke the I-140 stating employee has left the company, so that they can reuse the underlying approved labor certification to somebody else.

At least in my case that is what the motivation for my employer I can think of to revoke my approved I-140. Thank God I am covered under AC21.
Click to expand...


It's similar to canceling H1B - if they cancel H1B - then it gets reflected bad on the company that they are saying that they do not need foreign workforce...

If they do not need foreign workforce - the why are they filing green card petitions (which invariably says - that there is shortage of american labor in that field)...

- drawback being that - labor may get denied in future and I-140 may get denied!
 
So, there is actually an adverse effect for the employer if he revokes I-140 ?

Are you sure. Employer can revoke simply bcos the employee quit the company. Will that be a problem for the employer in the eyes of USCIS.


____________________________________________________




santa4u said:
It's similar to canceling H1B - if they cancel H1B - then it gets reflected bad on the company that they are saying that they do not need foreign workforce...

If they do not need foreign workforce - the why are they filing green card petitions (which invariably says - that there is shortage of american labor in that field)...

- drawback being that - labor may get denied in future and I-140 may get denied!
Click to expand...
 
santa4u said:
It's similar to canceling H1B - if they cancel H1B - then it gets reflected bad on the company that they are saying that they do not need foreign workforce...

If they do not need foreign workforce - the why are they filing green card petitions (which invariably says - that there is shortage of american labor in that field)...

- drawback being that - labor may get denied in future and I-140 may get denied!
Click to expand...

When the employer cancel the H1B or I-140, the reason he can mention is 'employer had left' not that they no longer require the workforce. then that may not have a negative impact on the company.
 
pacha_card said:
When the employer cancel the H1B or I-140, the reason he can mention is 'employer had left' not that they no longer require the workforce. then that may not have a negative impact on the company.
Click to expand...

Previous employer revoked I-140 before I sent my AC21 paperwork. I got the denial notice for my I-485 and filed for MTR immediately. Online status did not change for either I-140 or I-485. But I got the denial in the mail.

Can I continue employment on my EAD. I don't see any LUDs other than on my I-140 or I-485. My wife's case is untouched. I'm so confused asking the same question to many people on the forum. Please advise.
 
Hi Positive4GC

Can you please tell me on what went wrong after sending the AC21 paperwork ? Is the 'same or similar job ' did'nt match or the what was the issue, pls post it in detail..

Thanks,
Guru.
 
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...
 
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