Urgent Help Needed - My employer may revoke 140

[coolguy77]

Hello,

Please help me with following questions, I am going into lot of stress.

I have to leave my current employer A. my I-140 is approved and now it is more than 180 days. I will be joining new employer B, and they will be not starting my GC process before 1 year of employment. Once I will leave my current employer they will revoke I-140 for sure.

I have following questions:
1. I am aware I will get 3 years of extentions based on my I-140. but do I need to do any thing else immediate after leaving my current employer A (I heard some thing about AC21, dont know what exactly is this, what I need to do about this)

2. Employer B will start my GC process after 1 year of employment, will I be able to port my priority date even if employer A have revoked my I-140.

3. Is there any way to check of employer A has revoked my 1-140.

4. Employer A HR clearly told me they do inform USCIS, If employee leave the company.

I still left 2 years out of 6 years on H1B.

Please advise, your advise will be higly appriciated.

Thanks, CoolGuy77

[snathan]

Hello,

Please help me with following questions, I am going into lot of stress.

I have to leave my current employer A. my I-140 is approved and now it is more than 180 days. I will be joining new employer B, and they will be not starting my GC process before 1 year of employment. Once I will leave my current employer they will revoke I-140 for sure.

I have following questions:
1. I am aware I will get 3 years of extentions based on my I-140. but do I need to do any thing else immediate after leaving my current employer A (I heard some thing about AC21, dont know what exactly is this, what I need to do about this)

2. Employer B will start my GC process after 1 year of employment, will I be able to port my priority date even if employer A have revoked my I-140.

3. Is there any way to check of employer A has revoked my 1-140.

4. Employer A HR clearly told me they do inform USCIS, If employee leave the company.

I still left 2 years out of 6 years on H1B.

Please advise, your advise will be higly appriciated.

Thanks, CoolGuy77

Its only relavent for the I-485 and not for the I-140.

[coolguy77]

Thanks snathan,

you mean AC21 is only required for 485 ?

If in case employer A revoke I-140, still I will be able to port my PD any time. I have copy of approved I-140 ?
Is there any way to check if employer has revoked I-140 or not ?

[coolguy77]

can someone please provide there expert comments.

[desi3933]

Hello,

Please help me with following questions, I am going into lot of stress.

.....
1. I am aware I will get 3 years of extentions based on my I-140. but do I need to do any thing else immediate after leaving my current employer A (I heard some thing about AC21, dont know what exactly is this, what I need to do about this)

2. Employer B will start my GC process after 1 year of employment, will I be able to port my priority date even if employer A have revoked my I-140.

3. Is there any way to check of employer A has revoked my 1-140.

4. Employer A HR clearly told me they do inform USCIS, If employee leave the company.

I still left 2 years out of 6 years on H1B.
Please advise, your advise will be highly appreciated.
Thanks, CoolGuy77

1. Copy of approved I-140
2. Yes, PD can be captured, even if previous I-140 is revoked
3. sometime the status is updated on the web site, but that is not reliable
4. Employer is required, by law, to notify USCIS when employment is terminated for any reason.

Good Luck.


________________
Not a legal advice.

[coolguy77]

Thanks so much for reply.

One more thing.

I have copy of I-140 approved (it was approved 8 months before), in case if employer revoke the I-140 , is that possible to get the extenstions after 6 years of H1B based on revoked I-140 ?

[desi3933]

Thanks so much for reply.

One more thing.

I have copy of I-140 approved (it was approved 8 months before), in case if employer revoke the I-140 , is that possible to get the extensions after 6 years of H1B based on revoked I-140 ?

No. I-140 must be active for H-1B beyond 6 years.


________________
Not a legal advice.

[unitednations]

Hello,

Please help me with following questions, I am going into lot of stress.

I have to leave my current employer A. my I-140 is approved and now it is more than 180 days. I will be joining new employer B, and they will be not starting my GC process before 1 year of employment. Once I will leave my current employer they will revoke I-140 for sure.

I have following questions:
1. I am aware I will get 3 years of extentions based on my I-140. but do I need to do any thing else immediate after leaving my current employer A (I heard some thing about AC21, dont know what exactly is this, what I need to do about this)

2. Employer B will start my GC process after 1 year of employment, will I be able to port my priority date even if employer A have revoked my I-140.

3. Is there any way to check of employer A has revoked my 1-140.

4. Employer A HR clearly told me they do inform USCIS, If employee leave the company.

I still left 2 years out of 6 years on H1B.

Please advise, your advise will be higly appriciated.

Thanks, CoolGuy77

Here is an e-mail exchange with nebraska service center. person had 140 approved and 485 pending. 140 was revoked by employer in eb3. he went ahead and filed eb2 labor got it approved, they did not port priority date. he then did case status inquiry. Start at the bottom and work your way up.

From: NSC, NCSC Followup <ncscfollowup.nsc@dhs.gov>
Date: Thu, Jun 30, 2011 at 11:20 AM
Subject: RE: ) Subject: I-485 Multiple I -140s
To: >

Good afternoon,

USCIS records indicate that the EB3 I-140 petition was revoked on September 3, 2009. Your files have been requested and will be sent to a supervisor for review. It will be up to the officer to make the change from the EB3 priority date to the EB2 I-140.

Regards,
USCIS Nebraska Service Center



Thanks
On Wed, Jun 29, 2011 at 1:27 PM, xxxxx> wrote:
xxxx
Dear officer:

I refer you to the adjudicator manual which is posted onUSCIS.gov and sepecifically section 22.2 Employment-based immigrant visa petitions (FormI-140). It specifically states that unless the old I-140 was revoked due to fraud or willful misrepresentation then I retain the older priority date. As far as I am aware, my previous employer withdrew the I-140 immigrant petition. Therefore, I am still eligible for the earlier priority date.

Please advise as my priority date is current in the second base preference and a visa is immediately available to me.


1) Determining the Priority Date .


In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).


---------- Forwarded message ----------
From: NSC, NCSC Followup <ncscfollowup.nsc@dhs.gov>
Date: Tue, xxxxx
Subject: RE: (xxxx) Subject: I-485 Multiple I -140s
To: xxxxxm>
Good morning,

USCIS records indicate that the EB3 I-140 petition was revoked on September 3, 2009. A revocation notice was sent to the attorney of record and the petitioner (you will need to notify one of those offices to get a copy of the revocation letter or file a Freedom of Information Act (FOIA) request. At this point, the only valid I-140 petition is the E2 with a priority date of February 14, 2011 from India. A visa is not available at this time. Per the June Visa Bulletin, the date being worked is October 15, 2006.

Regards,
USCIS Nebraska Service Center
xxxx________________________________________
From: xxxxxxxxx
Sent: Monday, June 13, 2011 12:59 PM
To: NSC, NCSC Followup
Subject: (xxxxx) Subject: I-485 Multiple I -140s

Dear Sir/Madam

I request you to kindly approve my pending I 485 case with new approved EB-2 (SR) I-140. My I 485 was originally filed with EB-3 (). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.

Please contact me if you need any other information.

My case receipt numbers:
EB-3 140: Receipt# with Priority Date 09/23/2004
EB-2 140: Receipt# SRC-with Priority Date 02/14/2011
I-485: Receipt#

Primary details:
First name :
Last name :
A# :
485 receipt number :

Spouse Details:
First name :
Last name : xxx
A# xxx
485 receipt number : xxx

[coolguy77]

Thanks unitednations, so what I understand is I can still port my PD (EB 2 TO EB 2) without any issue even if employer revoke the I-140 ?

I talked to my HR , they told me its a law to revoke the I-140 , so they will revoke it.

there is no such fraud or anything like that.

do you think I will be fine even it employer revoke I-140 as per law ?

[sk.aggarwal]

There is no law to revoke I-140. Tell them to keep it active so that you can join them back if things dont work out with new employer. Your I-140 needs to be active during H1 transfer process. However, it can get complicated if your I-140 gets withdrawn and you got laid off at new position.

[desi3933]

There is no law to revoke I-140. ...

Really? Please don't spread misinformation.

Employer notify I-140 cancellation to reduce their ability to pay issues. By law, Employers are required to notify when employment is terminated for any reason.


_______________
Not a legal advice

[sk.aggarwal]

That is applicable for H1.
Unless there is a clear intention that company is not going to hire OP once GC gets approved, they are not violating any law.

[desi3933]

That is applicable for H1.
Unless there is a clear intention that company is not going to hire OP once GC gets approved, they are not violating any law.

Did you even read my reply. Keyword: Ability to pay issues

Employer is the one who makes determination whether I-140 job is still open or not. If not open anymore, they are required to notify USCIS. How difficult is that to understand.

Have a good day!


_________________
Not a legal advice

[snathan]

Thanks unitednations, so what I understand is I can still port my PD (EB 2 TO EB 2) without any issue even if employer revoke the I-140 ?

I talked to my HR , they told me its a law to revoke the I-140 , so they will revoke it.

there is no such fraud or anything like that.

do you think I will be fine even it employer revoke I-140 as per law ?

You should be fine...

[unitednations]

Thanks unitednations, so what I understand is I can still port my PD (EB 2 TO EB 2) without any issue even if employer revoke the I-140 ?

I talked to my HR , they told me its a law to revoke the I-140 , so they will revoke it.

there is no such fraud or anything like that.

do you think I will be fine even it employer revoke I-140 as per law ?

You should be o.k. Don't ever expect a smooth ride though.:).

[unitednations]

There is no law to revoke I-140. Tell them to keep it active so that you can join them back if things dont work out with new employer. Your I-140 needs to be active during H1 transfer process. However, it can get complicated if your I-140 gets withdrawn and you got laid off at new position.

that's correct. there is no legal requirement to withdraw the i-140. Only legal requirement is to withdraw h-1b if person is no longer working with the company.

Most companies do not revoke i-140's as you have said that they try to entice you to come back if/when the priority dates become current.

recently in the last two months; texas service center has been sending rfe's to many companies to prove ability to pay the proffered wages combined for all approved/pending i-140's. It is a difficult rfe to overcome. As time goes on, many of the staffing companies will have more i-140's filed then people actually on payroll (people file futuer base, they leave, new poeple come, etc.). At this point if companies haven't revoked 140's for people who have left then they will becasue they want to protect current employees.

This is gray area. Technically when they start revoking 140's because of queries like this; then they are essentially saying that they do not have ability to pay the proffered wages for the 140's they are about to revoke. This is like saying the 140's were approved by mistake.

I haven't seen uscis due anything in particular to those people who had 140's approved and then revoked due to ability to pay queries in their porting issue. Not yet anyways.

[coolguy77]

what a great explanation...thanks so much for this important info, really appreciated.

[coolguy77]

that's correct. there is no legal requirement to withdraw the i-140. Only legal requirement is to withdraw h-1b if person is no longer working with the company.

Most companies do not revoke i-140's as you have said that they try to entice you to come back if/when the priority dates become current.

recently in the last two months; texas service center has been sending rfe's to many companies to prove ability to pay the proffered wages combined for all approved/pending i-140's. It is a difficult rfe to overcome. As time goes on, many of the staffing companies will have more i-140's filed then people actually on payroll (people file futuer base, they leave, new poeple come, etc.). At this point if companies haven't revoked 140's for people who have left then they will becasue they want to protect current employees.

This is gray area. Technically when they start revoking 140's because of queries like this; then they are essentially saying that they do not have ability to pay the proffered wages for the 140's they are about to revoke. This is like saying the 140's were approved by mistake.

I haven't seen uscis due anything in particular to those people who had 140's approved and then revoked due to ability to pay queries in their porting issue. Not yet anyways.

what a great explanation...thanks so much for this important info, really appreciated.

[frustratingGC]

Hello,

Please help me with following questions, I am going into lot of stress.

I have to leave my current employer A. my I-140 is approved and now it is more than 180 days. I will be joining new employer B, and they will be not starting my GC process before 1 year of employment. Once I will leave my current employer they will revoke I-140 for sure.

I have following questions:
1. I am aware I will get 3 years of extentions based on my I-140. but do I need to do any thing else immediate after leaving my current employer A (I heard some thing about AC21, dont know what exactly is this, what I need to do about this)

2. Employer B will start my GC process after 1 year of employment, will I be able to port my priority date even if employer A have revoked my I-140.

3. Is there any way to check of employer A has revoked my 1-140.

4. Employer A HR clearly told me they do inform USCIS, If employee leave the company.

I still left 2 years out of 6 years on H1B.

Please advise, your advise will be higly appriciated.

Thanks, CoolGuy77

Hope, you are not transferring visa to a consulting company. Now a days, for consulting companies, visa validity is linked to contract duration with end client.

[coolguy77]

is this happening with big consulting companoies like Accenture, Oracle , Fujistsu etc. ?