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viswanadh73
01-07-2008, 12:19 PM
can Employer with draw Approved I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.

Munna Bhai
01-07-2008, 12:23 PM
can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.

Yes,but it has no effect on your GC.

sam_hoosier
01-07-2008, 12:24 PM
can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.

Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.

viswanadh73
01-07-2008, 12:29 PM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

tabletpc
01-07-2008, 12:29 PM
its a gray area....

If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!

its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!

Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.

My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!

Good luck

h1techSlave
01-07-2008, 03:56 PM
it is stoop, not stop :)

You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.

venky08
01-07-2008, 04:12 PM
there is a discussion about this elsewhere in the forum. please go thru the previous threads.

in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

satishku_2000
01-07-2008, 08:05 PM
Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.

By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.

pappu
01-07-2008, 08:18 PM
http://immigrationvoice.org/

Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.

dpp
01-07-2008, 09:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140

Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of 106(c) of AC21.

Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of 106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of 106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of 106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

langagadu
03-29-2008, 04:53 PM
nope

jnraajan
03-29-2008, 05:13 PM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer

cdeneo
03-30-2008, 04:41 AM
What is the best way to change representation of one's case from the company lawyer to Self? Also, how long does it take for this change to take effect?

I am in a similar situation as mentioned on this thread and would like any communication regarding my case from USCIS to come to me and not the lawyer who filed my I-485 since I am leaving my current employer.

Any insight into how to tackle this would be very helpful. Thanks!

Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer