Can Employer revoke I-140?

[AB1275]

Hello,

I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.

Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?

1. Can the employer revoke my I-140?
2. If so, will I loose my PD and have to restart my GC process?
3. Do I have to invoke AC21 immediately?
4. What options do I have to keep my current file alive?
5. Any situation I need to be aware at this point?

Appreciate your response!

[gcformeornot]

Originally Posted by AB1275

Hello,

I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.

Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?

1. Can the employer revoke my I-140? YES
2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
3. Do I have to invoke AC21 immediately? IMHO YES
4. What options do I have to keep my current file alive?
5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation

Appreciate your response!

..

[AB1275]

Thanks for your response.....

What happens if I-140 gets revoked?
The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked?
Will my EAD be valid?

[gcformeornot]

When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.

Your EAD is valid, but it is useful only if you have a new job.

[YesWeWillGet]

1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)

2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?

3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?

4. When will the employee know about the revocation in general (how many days)?

5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?

I would really appreciate for your valuable suggetions and answers.

Regards and thanks for your help

[gcformeornot]

Originally Posted by YesWeWillGet

1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID

2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.

Regards and thanks for your help

...

[YesWeWillGet]

What will be my options to maintain my immigration status in the following scenario:

• AC21 is not filed after joining the new employer (new job since 2 months).
• If the previous employer revoked the I-140.
• Have the same job/role and responsibilities with my new employer.
• No gap between previous and new current employer.
• Status of I-140 remains approved and I-485 remains pending in USCIS website.

Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

I would really appreciate your valuable suggestions.

Thank you

[gcformeornot]

Originally Posted by YesWeWillGet

What will be my options to maintain my immigration status in the following scenario:

• AC21 is not filed after joining the new employer (new job since 2 months).
• If the previous employer revoked the I-140.
• Have the same job/role and responsibilities with my new employer.
• No gap between previous and new current employer.
• Status of I-140 remains approved and I-485 remains pending in USCIS website.

Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

I would really appreciate your valuable suggestions.

Thank you

right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.

My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.