Want To Use Ac21 ...........experts Please Advice

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ac21user

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Want To Use Ac21 .....UN......experts Please Advice

Hello

My I 140 is approved and its been more than 180 days since my 140/485 were concurrently filed.

I want to know what are the risks involved if I decide to quit my current job assuming I find a job with similar responsibilities and if my current employer withdraws / revokes the 140 ( is there a difference between revoking and withdrawing)

will my getting I 485 / green card be affected if my employer revokes / withdraws the I 140.

thanks
 
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if your employer withdraws your approved I140, your I485 would be denied but you can file a Motion to Reopen your I140 &I485 and invoke AC21 and in the end your GC should be approved since you've met all the requirements of AC21. Worst scenario, if your employer withdraws your GC, this would delay your GC approval, it would be nice for them not to do that, so there won't be any complications since it doesn't do them any tangible benefit but if you beleive there's a risk they'll do it, be proactive and file AC21 so USCIS would not deny your I485 since you've invoked AC21.

I'll advise you to consult a refutable lawyer just be real safe.
 
ac21user said:
Hello

My I 140 is approved and its been more than 180 days since my 140/485 were concurrently filed.

I want to know what are the risks involved if I decide to quit my current job assuming I find a job with similar responsibilities and if my current employer withdraws / revokes the 140 ( is there a difference between revoking and withdrawing)

will my getting I 485 / green card be affected if my employer revokes / withdraws the I 140.

thanks
Click to expand...

I also have exactly the same kind of concerns...I consulted my lawyer and did not get much help there. The employer is holding my I140 approval and the lawyer told me that I140 is petitoined by the company and they get the approval and hold it...I do not know how true this is. But, not having the I140 approval is making the change od job tricky for me.
I also want to change my job, but I have been hesitant to do so and hoping and waiting that this PD will move quickly to July02 and I will see some activity on my case
Anyway, if you find out any more info from you lawyer on changing the job let me know.
 
Ac21

Can you apply for AC21 just to be safe...without actually changing the job and use it if necessary.

jghsrapt
What does it mean when you say employer is holding your I-140, what documents need to be in your hand to be safe.
 
GC@NSC jghsrapt What does it mean when you say employer is holding your I-140 said:
I have only seen on the web on my case status and heard from lawyer that my I140 is approved. I never got a copy or the original of the I140 approval from USCIS. I believe that a copy of I140 is required.
Click to expand...
 
AC21 info

Yes you are right even its the same case with me....i read it online and heard from lawyer...never got a green approval paper or anything from my lawyer.

As i understood, employer only has 6 months from the I-485 filing date to withdraw the case. After 6 months nothing can be changed from employer side. Correct me if i am wrong.
 
Mine neither

GC@NSC said:
Yes you are right even its the same case with me....i read it online and heard from lawyer...never got a green approval paper or anything from my lawyer.

As i understood, employer only has 6 months from the I-485 filing date to withdraw the case. After 6 months nothing can be changed from employer side. Correct me if i am wrong.
Click to expand...

I guess I am also in the same boat or even worse.

I haven't got my any documental proof related to my Labor, I-140 or 485 that my case is being processed except that my company send an automated email with the LIN and date of application.

Its against the company policy to hand over any the document to the employee.

Couple of my friends changed their job and the lawyers of the new company claim it to be a nightmare collecting the document from my company. Our company lawyers don't return the calls, don't reply the emails for months together even when those cases had EAD being issued for more than a month Lawyers from the new company say that there is nothing that they can do except waiting.

I doubt if thats true. I guess there should be some law that will bound the old employer to hand over the case documents to new company within a stipulated amount of time.

Given the everyday changing laws and processing time, I am just holding on to job change until my 485 approval.

Please share your thought and info on this.
 
overWait said:
I guess I am also in the same boat or even worse.

I haven't got my any documental proof related to my Labor, I-140 or 485 that my case is being processed except that my company send an automated email with the LIN and date of application.........................Given the everyday changing laws and processing time, I am just holding on to job change until my 485 approval.

Please share your thought and info on this.
Click to expand...

I guess we share the same concerns and thoughts. I also plan to hold on to my current...hope to see my approval soon (as soon as the PD becomes current). I hope all that talk about the visa recapture helps to move the PD an get more approvals quicker for all of us.

GC@NSC, What is you PD?
I have a forum where I am tracking people with 2002PD.here:
http://www.immigrationportal.com/showthread.php?t=164074
 
[jghsrapt],
I know that my labor was filed sometime Dec 2002 and got it approved two-three months from then possible...PD Feb/Mar 2003. Checked with lawyer there are giving me back my RD for I140/I485.
 
GC@NSC said:
[jghsrapt],
I know that my labor was filed sometime Dec 2002 and got it approved two-three months from then possible...PD Feb/Mar 2003.
Click to expand...
I guess you are not affected by retrogression.
 
Please advice - one question

Hi Gurus,

I just wanted to know :

Can employer revoke your GC (after 140 is approved and 485 waiting for more than 180 days) while you are still in company and how it can impact on GC approval ? Also do we get e-mail notification from USCIS if any such worst thing happen.

This would help not only me but lot of other fellow in this forum.

Kind Regards
 
Guess not

I guess and hope that it wont impact anybody prior to 2005 under retrogression...its like a bending over and keep taking it till NSC opens the door for your turn.
 
[ranvir_usa]
Did you file for the AC21 after your I-140 is approved, cos what i am understanding is if you did then you might be safe...but continue and wait for real genious answer...
 
I did not chosen AC21 because I am still with same employer. This situation is prior to AC21 where your original employer is getting angry
 
ranvir_usa said:
I did not chosen AC21 because I am still with same employer. This situation is prior to AC21 where your original employer is getting angry
Click to expand...

Just say YES BOSS and keep moving....everybody is just doing the same.
 
It is very easy to say "YES BOSS" and go on

but for some it is very difficult and some employers especially those who had been thru the immigration process by themselves are Pcyco maniacs

so my question, can't we do anything at all, at least we should appeal to the local senator and explain how the employers are taking undue advantage of the situation and how it is effecting economy

I am sure many of you might have thought about it
 
Original Question

That is right. We can not alwayes say 'YES BOSS'. BTW, my original question was lost. Kindly help me with following question:


:confused: Can employer revoke your GC (after 140 is approved and 485 waiting for more than 180 days) while you are still in company and how it can impact on GC approval ? Also do we get e-mail notification from USCIS if any such worst thing happen. :confused:


All your help will be appreciated.
 
Original Question

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

That is right. We can not alwayes say 'YES BOSS'. BTW, my original question was lost. Kindly help me with following question:


Can employer revoke your GC (after 140 is approved and 485 waiting for more than 180 days) while you are still in company and how it can impact on GC approval ? Also do we get e-mail notification from USCIS if any such worst thing happen.

Yes I heard they can revoke I-140 eventhough you are in same companny and your i-140 approved and i-485 is pending for over 180 days.
May I know why you want to be with the same company when you feel that you employer revokes i-140 why you are not thinking of changing jobs using AC-21.I am just curious to know?


All your help will be appreciated.
 
ranvir_usa said:
That is right. We can not alwayes say 'YES BOSS'. BTW, my original question was lost. Kindly help me with following question:


:confused: Can employer revoke your GC (after 140 is approved and 485 waiting for more than 180 days) while you are still in company and how it can impact on GC approval ? Also do we get e-mail notification from USCIS if any such worst thing happen. :confused:


All your help will be appreciated.
Click to expand...

Answer to your original question is 'Employer can revoke the I-140 whenever he wants (as long as underlying I-485 is unapproved). If 6 months have passed since I-485 filing and then I-140 is revoked then you will get a NOID and you can then invoke AC21. If 6 months have not passed then you will get outright rejection of your I-485.

Coming to the second part, if you have registered your case for email updates, then yes you will get the email of the denial and or NOID.
 
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