Why would employer revoke 140?

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freebird901

Registered Users (C)
Just curious if there is any benefit to the employer to revoke the I-140 if I change employers using AC-21. I work for an established company and have good relations with my employer.

When I resign, I wonder if my 140 will be revoked. I've read that if my 485 is pending for over 180 days, then even if they revoke, it won't effect me. However, I've also read that if 140 is revoked, I get an NOID and that delays the process.

Similarly, can my employer use my approved labor to hire someone else? If they do so, will it affect me?
 
freebird901 said:
Just curious if there is any benefit to the employer to revoke the I-140 if I change employers using AC-21. I work for an established company and have good relations with my employer.

When I resign, I wonder if my 140 will be revoked. I've read that if my 485 is pending for over 180 days, then even if they revoke, it won't effect me. However, I've also read that if 140 is revoked, I get an NOID and that delays the process.

Similarly, can my employer use my approved labor to hire someone else? If they do so, will it affect me?
Click to expand...

Read thru threads on first 2 pages in AC21 section(current) of this board, you'll get all the answers and more.

ImmigrationPortal Forums > Immigrant Visas (Green Cards) > I-485 Issues > I-485 Portability (AC21)

Yes, your employer can mess around and reuse labor.

You might get Nothing, NOID or Denial if your employer revokes 140, even if you send in AC21 documentation to USCIS.

Eventual the risk of rejection is minimal, but if your luck is bad, your path to approval could be ridden with difficulties.

If your employer uses Labor to someone else, and if that person is able to adjucate or get approval of 485 before you, whether you are safe or not .... no one has answered this question clearly. As per Lawyer Murthy, you won't get GC. But if you read AC21 law, common sense says that nothing should happen to your case.

Even if USCIS denies 485 because someone else was able to get GC on your labor, I dont think they will be able argue their denial in a court of law.

I used AC21 to change jobs, sent in the documentation, 485 got denied, then reopened on appeal, ex-employer used the labor to someone else.

I am keeping my fingers crossed.
 
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They revoke just to screw a person

If you are not working for a consulting company, then the chances of your employer revoking it are much less compared to a business of consulting nature as they can substitute your labor quickly to get another billable body.

It is debatable if people will pay any money for labor as they used to before due to this retrogression mess unless your PD is closer to becoming current, in which case you wouldn't think about quitting.

I firmly believe that it is the individual's luck that matters in all these as there is so much ambiguity around this AC21 law or the way it is implemented by USCIS.

Good luck if you wish to still try it out.
 
I read recently substitution is no longer allowed or in the process.

If this it true, can still resuse the labor/140 approval to somebody else?
 
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