*****Urgent Please read and respond.

J

Jan_02_rd

Registered Users (C)
Hello,
Any one knows whether Sponsered employer can revoke or can do anything with GC sponser ship if employee moves to different company after 6 months of filing 485 ( infact i had more than 1 year finished). Your quick response will appreciated. Please respond immediately. if any one had this kind of experiance please let me know.
Thanks
 
dont worry

As long as you get a new job with same job profile(Job tiltle).You dont have any problem.I dont have this particular experience.Read more about AC21 rules and restriction.It will help you more.

Good luck.
 
I think that under AC21, the employer is not allowed to withdraw a I-140 petition once the I-485 is unadjudicated for > 180 days. However, I think that I read on murthy.com that there have been cases when BCIS (probably in NSC or TSC) allowed the withdrawal of the I-140 even when the I-485 was unadjudicated for 180 days. This was probably due to misinterpretation of the AC21 law.

GC_impatient
 
Employer cannot revoke I485, I485 is primarily the applicant's.,
but read somewhere that employer can still revoke the I140.

---> Not too sure on this, I would suggest you to go thru this forum on this.

Experts, pls correct me if I am wrong..

Jan_02_rd, you are a month or two from approval..
Hope you get your approval soon, before the employer gets into any sort of 'act'
 
Technically and according to AC-21, your employer can not revoke your I-140 after 180 days. You can check the online status if you still have your EAC # for you I-140. You can monitor it to see if it's revoked or not.

---Compaqdb
 
While it seems that the employer should loose control of the I-140 after 180 days in order to make AC21 fully effective, this is not fully clear. If the employer were to withdraw the I-140, the INS possibly could issue a notice to you and you might then have the opportunity to respond by showing another job offer. INS has not provided specific instructions or regulations as to how this type of situation should be handled in light of AC21.
 
In a lighter mood, ar888, enclose your message in quotes when it is a copy and paste , haha.

I-140 can be withdrwan at any time during I-485 process.

The question whether the BCIS recognizes such withdrawal is for debate , the famous AC-21 .
 
Led,

1)Jan_02_RD, as his id says is a Jan02 RD 485 applicant,
2)Moreover he says it's more than a year since his 485, that he moved out of his employer...!
So his 140 should have been approved, becoz I485 at that time[Jan02] can only be applied after I140approval.
Concurrent I140-485 started middle of last year..!!
 
my opinion

Your employer cannot revoke the I140 petition after it has been approved and I485 is over 180 days. What the employer can do is that inform the INS that they are no longer interested in processing your GC for future offer, which means that any more questions on your application needs to be sent to you. (for approved I140 only). My take on that is if I140 is approved and I485 pending for more than 180 calendar days from RD you are on AC21 and your attorney can send a letter to BCIS stating that you are on AC21. There are diff. view points about this. some say inform only in case of RFE while others who have been on AC21 and recd. GC. say that it is better to inform BCIS in which case they WILL send an RFE regarding your current employment details. job description, permanent job offer and salary close to LC. This is a good point for your attorney to clarify the matter with BCIS and then get ur GC rather than getting rejected due to some other RFE and queries at the end of I485 approval. Also ask your attorney what needs to be done. but my take on it is your lawyer has to be damn good if you are taking the route of informing BCIS.

P.S Disclaimer: I am not a lawyer. The above is purely my feedback.
 
My opinion

Here is my opinion : The sponsoring employer can ask BCIS to revoke I140 at anytime before I485 approval. But the BCIS will not cancel your I485 if you passed 180days. They will send you a notice (at the worst it could be Intent to Deny). If you reply to that RFE saying that you have used AC21 and provide the supporting documents, you are safe. In AC21 act, there is no clause that the candidate has to inform BCIS to make use of AC21. So don't worry.

Hi Led Zeppelin, better watch out your words. I don't understand what details you wanted from this guy. If you want the precise date on which concurrent filing started, it is July'31 of 2002. So only people with Aug'02 RD and beyond, will have concurrent filing.
 
Thanks a lot guys for your help. for those of you who want to know whether my 140 is approved. It's approved longtime back and my 485 has been pending for more than an year. i'm still employed with same sponsered employer. Once again thanks a lot.
 
Hi Jan_02_rd

Everthing seems fine with you, then why you were showing urgency?
Here people are very helpful. Please Don't play tricks.
 
Sorry for confusion guys my employer may terminate me at any time that is why i wanted to know all options.
Thanks
 
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