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!

 

[poongunranar]

Originally posted by tough_decision
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 employee can withdraw the I-140, which belongs to the employer and not the employee. This will automatically make all other petitions like I485/I131/I765 to be tenuous and hence be treated as nullified. However, there is no proviso as far as I know in Immigration rules, where an employer can withdraw an I-485 directly. That petition belongs to the employee, filed in and on behalf of the employee. An employee can give in writing about his withdrawal of the I-485 petition, which may be very rare. Even in that case, INS will most probably effect a local-office transfer or issue a RFE to be followed by other logical steps to close the file. A direct withdrawal of I-485 by employer is not possible and in legal lingua is moot.

 

[tombaan]

it would be ok

if you have 6 months into your 485 and you have a comparable job. infact the whole thing might get approved fast

 

[sb_tiger]

An employer can not withdraw an approved 140 if 485 is pending for more than 180 days.
HTH