Urgent!! Can employer revoke approved I-140 and pending I-485?

[rsk73]

Hi All,

I have an approved I-140 from an employer X. I-140 was approved 2 years ago. And last year I left X company and took a full time position. Since X is my frined he did not mind leaving his company at that time.

I applied for 485 in July as a future employee for X using that approved I-140. I got EAD and AP also.

Now we got into some money issues and he wants to revoke my I-140/I485?

Can he do that?

Please advice.

Thanks in advance.

 

[nervewreck]

rsk73,

From what I gathered reading from similar posts on this forum, Yes, the employer can revoke your 140. If that happens, when USCIS will process your 485, you might get an intent-to-deny or RFE with regards to the situation with 140.

 

[bigbang2001]

Short answer is Yes.

By revoking 140 before 180 days your 485/EAD/AP automatically gets denied.

You have a stronger case if 180 has passed after 485 is applied.

However if you have a copy of approved I-140 you can claim the original priority date even if I-140 is revoked. But you will have to get Labor done and another 140 filed and approved and then file for 485 using old I-140 copy as a proof of claim of PD.

Hi All,

I have an approved I-140 from an employer X. I-140 was approved 2 years ago. And last year I left X company and took a full time position. Since X is my frined he did not mind leaving his company at that time.

I applied for 485 in July as a future employee for X using that approved I-140. I got EAD and AP also.

Now we got into some money issues and he wants to revoke my I-140/I485?

Can he do that?

Please advice.

Thanks in advance.

 

[ginnu]

Hi All,

I have an approved I-140 from an employer X. I-140 was approved 2 years ago. And last year I left X company and took a full time position. Since X is my frined he did not mind leaving his company at that time.

I applied for 485 in July as a future employee for X using that approved I-140. I got EAD and AP also.

Now we got into some money issues and he wants to revoke my I-140/I485?
------------------He can not revoke I-485 but can revoke I-140. if at this time he revokes I-140 then you are in problems. if he revokes I-140 after I-485 pending more than 180 days then you are safe.
*****Try to sort out the problem and let I-485 hit 180 days
Can he do that?
--He can revoke I-140 any time. if you have to start GC process again then it may take 7-8 years.

Please advice.

Thanks in advance.

------------------------

 

[MGM]

You did not mention if you applied for I-485 with your previous employer or not. Since your I-140 was approved two years ago, I am assuming that you did apply for your I-485 before you left your previous employer. If that is the case, then as far as I know, the employer can not revoke the I-140, if your I-485 based on that I-140 has been pending for more than 180 days. That is the whole basis for the AC21, which allows an employee to change jobs after his/her I-485 has been pending for more than 180 days. Having said that, I am not an attorney and you should definitely consult an immigration attorney to make sure that you are on the right track.
MGM

 

[lprkhoj]

rsk73,

Check answer to question # 11 at http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Bottom Line: Your I-485 (not I-140) has to be pending for 180 days for i-140 to be immune from revocation. After that the petitioner may revoke I-140 but the beneficiary i.e. you is eligible to have it ported to a new employer.

And I-485 unlike LC and I-140 is your petition, not employer's. Employer doesn't have any say in it and hence, cant withdraw it.

So, try to engage this petitioner ex-friend into talks for another 3 months and you'd be free after that - assuming you filed I-485 in early July.