Why sponser company withdraw 140 in AC21 case.

[swas]

My Eb3 India PD is April 2002. I am thinking seriously to leave my sponser company and join another comapany and invoke AC21.

I have a good relation with the sponser company but dont know how they will react.

Q1) My question is if I leave why they will withdraw 140? I mean it is a business decision do they gain from it? What could be the reason that they withdraw?

Q2) If they revoke 1140 then I am assuming USCIS will send an notice for deny. My question if I already file AC21 before hand will they still send that notice?

Q3) I am planning to file AC21 just after leaving, I will send the EVL which is a letter which will have job description and title. Is is a must to mention the salary there?

 

[bigbang2001]

Q1 They can reuse your labor for someone else.

I can't say about other questions.

My Eb3 India PD is April 2002. I am thinking seriously to leave my sponser company and join another comapany and invoke AC21.

I have a good relation with the sponser company but dont know how they will react.

Q1) My question is if I leave why they will withdraw 140? I mean it is a business decision do they gain from it? What could be the reason that they withdraw?




Q2) If they revoke 1140 then I am assuming USCIS will send an notice for deny. My question if I already file AC21 before hand will they still send that notice?

Q3) I am planning to file AC21 just after leaving, I will send the EVL which is a letter which will have job description and title. Is is a must to mention the salary there?

 

[TSCEB2Current]

My Eb3 India PD is April 2002. I am thinking seriously to leave my sponser company and join another comapany and invoke AC21.

I have a good relation with the sponser company but dont know how they will react.

Q1) My question is if I leave why they will withdraw 140? I mean it is a business decision do they gain from it? What could be the reason that they withdraw?

Q2) If they revoke 1140 then I am assuming USCIS will send an notice for deny. My question if I already file AC21 before hand will they still send that notice?

Q3) I am planning to file AC21 just after leaving, I will send the EVL which is a letter which will have job description and title. Is is a must to mention the salary there?

A2 - If you have met the AC21 requirements, then filing AC21 before resigning will protect you in case the former employer decides to withdraw the i-140. The AC21 requirements include: same or similar occupation, i-140 has been approved, i-485 has been pending for 180+ days.

A3 - I recommend that you include your new salary in the EVL. It will give the EVL more credibility.

 

[swas]

TSCEB2Current and bigbang2001

Thanks.
One clarfication. You are suggesting to file AC21 asap. I will do that. Should I need to wait for paystubs or it will be late in case my prev co withdraw 1140.

My 485 is filed at VSC. Do you think if I file AC21 and case gets transferred to TSC, there may be a confusion when I file EAD/AP?

 

[TheRealCanadian]

You are suggesting to file AC21 asap. I will do that. Should I need to wait for paystubs or it will be late in case my prev co withdraw 1140.

In the case of an I-140 withdrawal, you need not file AC21 until the NOID arrives; at which point you have 30 days to do so.

Do you think if I file AC21 and case gets transferred to TSC, there may be a confusion when I file EAD/AP?

There shouldn't, if you file your EAD/AP at TSC.

 

[DESILAL]

Significance of filing AC21

Hi RealCandaian,

I see that it is not mandatory to file AC21 if one changes employer after 140 is approved and 485 is more than 180 days. If the sponsoring employer revokes 140 (after 6 months) and the candidate changed employer and hasn't applied for AC21, what will be the status? When will USCIS send NOID? To whom it will be send? To candidate or the attorney (previous employer)? How does one know if 140 is revoked or canceled? If 140 is revoked/canceled and candidate hasn't applied for AC21 can he/she still use AC21 later for new job?

Thanks,
DL

 

[TheRealCanadian]

If the sponsoring employer revokes 140 (after 6 months) and the candidate changed employer and hasn't applied for AC21, what will be the status?

There should be no change in the alien's status, until the I-485 gets denied.

When will USCIS send NOID? To whom it will be send? To candidate or the attorney (previous employer)?

The NOID will be sent to whatever attorney the alien has used to file the I-485. I am unsure if the alien beneficiary is notified. The alien can file a new G-28 informing USCIS of a new attorney, or that the old attorney is no longer representing him or her.

If 140 is revoked/canceled and candidate hasn't applied for AC21 can he/she still use AC21 later for new job?

Sure.

 

[immiq]

If the sponsoring employer revokes 140 (after 6 months) and the candidate changed employer and hasn't applied for AC21, what status will the alien be? Can you specify it?

 

[TheRealCanadian]

If the sponsoring employer revokes 140 (after 6 months) and the candidate changed employer and hasn't applied for AC21, what status will the alien be?

So long as the I-485 remains unajudicated, the alien remains in valid status. If the I-485 gets denied, then the alien will be out of status unless he or she has H/L status to fall back upon.

 

[BE.ETHICAL]

If I want to add my 2 cents here and warn everyone is that..please be carefull with potential companies and current ones....most of the companies are exploiters of H1B&GC.. blood by absuing the system very badly...most of the companies do not have any solution to offer to clients or have any product to sell....their lively hood 100% depends on sucking H1's blood....please do the reality check with these companies.....please carefull with these companies ....based on the comments I heard...V L S.....i n f o m e r i c a.....i f u t u r i s t i c s.....joined the list ....hope this is helpfull.