Withdraw 140/485 possible?

[tough_decision]

Gurus please comment:

I read in different posts that after a employee leaves the sponsoring company using AC21 (after 180 days) the employer can withdraw I140. Can the employer also withdraw I485/EAD/AP??

The employer is paying for all the attorney fees and for the entire application (485/140/EAD/AP)!!. The attorney is hired by the employer and not the employee whose application is being processed.

Comment!

 

[srohit]

- Employer cannot withdraw I-140 after 180 days (as per AC21).
- If I-140 is withdrawn, all other contigent applications/documents including I-485, EAD and AP are considered withdrawn automatically.

 

[goodsaint]

Not really. AC21 does not apply to concurrent I-140/I-485 filing. Employer can withdraw I-140 at any time in all cases. What AC21 says that this withdrawl of 140 has no effect on 485 if it is past 180 days from filing (or 180 days from approval of 140 in case of concurrent filing).


485/AP/EAD will not be approved (when the time comes) if 140 is withdrawn (and if AC21 is not invoked). If AP/EAD has already been issued, they are good until INS specifically revokes them.

 

[askgc]

Originally posted by goodsaint
Not really. AC21 does not apply to concurrent I-140/I-485 filing. Employer can withdraw I-140 at any time in all cases. What AC21 says that this withdrawl of 140 has no effect on 485 if it is past 180 days from filing (or 180 days from approval of 140 in case of concurrent filing).
--askgc (I guess not true on 180 days from approval of 140 in case of concurent filing - as of I know approval of I140 "and" 180 days from 485 filing in both concurrent and sequential case.

Basically say x has applied for 140 and 485 on date1 and
approval of 140 is date1 + 1 year then 140 revocation after 1
year doesnot effect 485, one can use AC21 only after the
date1 + 1 year).
approval of 140 is say date1 + 120 days then revocatio of
140 after 180 days from filing of 485 doesnot effect 485.

By the way I have read posts where employer revoking 140
though they should not based on AC21).



485/AP/EAD will not be approved (when the time comes) if 140 is withdrawn (and if AC21 is not invoked). If AP/EAD has already been issued, they are good until INS specifically revokes them.

 

[goodsaint]

Couldn’t comprehend your post. Could you edit it a little to make it clear. To make it more clear, please take out your text from the text of my post.

I think you are saying that 180 days from approval date of 140 is not correct... I read a memo from INS, they seemed to have given this indication. How difficult it is to understand that AC21 is invoked 180 days after filing 485. In case of concurrent filing, not after 180 days of filing of 485 but after 180 days from approval of 140.

 

[askgc]

This is the INS memo I guess we should be refering to and all
through out this says 180 days as measured from 485 filing at no
point does say from 140 approval.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

My contention was AC21 can be invoked if 140 is apporved and
180 days from 485 no matter when 140 is approved.

Ex:- 140 and 485 are filed on march 1, 2003 and 140 is apporved
on dec 12, 2003 then one can use AC21 on dec 13, 2003 or later.
Here employer revoking 140 on dec 13 doesnot have any effect
on the 485, AP and EAD

One need not wait till june 13, 2004 (180 days from 140) to use AC21.

One more link from murthy.com

http://www.murthy.com/UDportis.html


-askgc

This is my opinion and I am lay person without any legal traning, use it at our risk

 

[askgc]

Originally posted by tough_decision
Gurus please comment:

I read in different posts that after a employee leaves the sponsoring company using AC21 (after 180 days) the employer can withdraw I140. Can the employer also withdraw I485/EAD/AP??

The employer is paying for all the attorney fees and for the entire application (485/140/EAD/AP)!!. The attorney is hired by the employer and not the employee whose application is being processed.

Comment!

By the way tough_decision wrong forum please look at
the below forum
http://www.immigrationportal.com/forumdisplay.php?s=&forumid=121

Look at

http://www.immigrationportal.com/showthread.php?s=&threadid=102625

- askgc

 

[goodsaint]

There are so many memos floating around (this is how this stupid agency works). In one of the latter memo one of the director of INS clarified this issue (180 days to be counted from the date of 140 approval date in case of concurrent filing). But, then since these are unofficial memos, not every center and IIO seem to follow them.