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  #1 (permalink)  
Old 11-04-2009, 11:19 AM
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GCNirvana007 has a spectacular aura about GCNirvana007 has a spectacular aura about GCNirvana007 has a spectacular aura about
Default Sh*t never ends - Urgent please

Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.
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  #2 (permalink)  
Old 11-04-2009, 11:31 AM
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Quote:
Originally Posted by GCNirvana007 View Post
Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.
Is it possible to revoke I-140 after you got your GC. I think once you get GC you are free to choose any job and any employer of your own choice.


Forget about GC, but even you had not got GC and if it's more than 6 months your 140 is approved and 485 filed, then also employer revoke would not effect your case, if moved from him and applied AC21 from new employer..
__________________
I485/EAD/AP - Reached NSC on 2 July, 2007.
Got RN on 09/12 and FP on 9/24 from NSC.
EAD cards on 9/24.

To keep a lamp burning, we have to keep putting oil in it - Mother Teresa.
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  #3 (permalink)  
Old 11-04-2009, 11:31 AM
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could not find a job..you mean could not keep you in a job?
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  #4 (permalink)  
Old 11-04-2009, 11:32 AM
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Can you please elaborate on what exactly you mean?

- You already have a GC in hand?
- Your sponsor can't find a job for you?
- Why would they revoke your 140 AFTER you have your GC already?
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  #5 (permalink)  
Old 11-04-2009, 11:37 AM
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Quote:
Originally Posted by vinzak View Post
Can you please elaborate on what exactly you mean?

- You already have a GC in hand?YES
- Your sponsor can't find a job for you? YES
- Why would they revoke your 140 AFTER you have your GC already?
They called me this am and said, we are supposed to provide you employment as per our gc filing process once you get gc and since we couldnt right now , we need to inform USCIS the same. I dont what the hell that means and why they need to inform
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  #6 (permalink)  
Old 11-04-2009, 11:40 AM
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GC Nirvana.

Get hold of a top immigration attorney right away and schedule a consult right away.

You need answers and solutions from a good lawyer to represent you and if necessary to accompany you on a meeting/conf call with your employer.
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  #7 (permalink)  
Old 11-04-2009, 12:05 PM
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Quote:
Originally Posted by va_dude View Post
GC Nirvana.

Get hold of a top immigration attorney right away and schedule a consult right away.

You need answers and solutions from a good lawyer to represent you and if necessary to accompany you on a meeting/conf call with your employer.
Yep, but is this normal, has happend to anyone?
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  #8 (permalink)  
Old 11-04-2009, 12:12 PM
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Quote:
Originally Posted by GCNirvana007 View Post
Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.
Find Job before they terminate you. Did you had the job when the I-485 was approved? That is what matters.
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  #9 (permalink)  
Old 11-04-2009, 12:26 PM
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Quote:
Originally Posted by GCNirvana007 View Post
Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.
Dont worry about it, you're employer's effort is fruitless, ask your sponsor to fire you from job, this will make you are intended to work for your sponsor and they laid you off. I had a chance to talk to my attorney after my GC approval to find ways to swirch employer, this is what he said, "I should work for the sponsor atleast 6months to a year, but if they fire you or layoff from the job then one should be fine".

Dont worry, enjoy your freedom, just ask you're sponsor to contact you if they have job else dont contact you.

HTH

kris
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  #10 (permalink)  
Old 11-04-2009, 12:41 PM
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Arrow Don't leave this employer yourself!

If I were you... I'd do the following:

1. Contact the best attorney possible, irrespective of Cost/price/Fees.
2. Not leave this employer voluntarily.
3. Find another job and if possible work in two places.

Sounds ridiculous that you have to go through crap after getting GC.

Good Luck!

Quote:
Originally Posted by GCNirvana007 View Post
Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.
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  #11 (permalink)  
Old 11-04-2009, 01:47 PM
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Quote:
Originally Posted by GCNirvana007 View Post
Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.

Your post seems to suggest that you have NEVER worked for your GC sponsor since you are not referring to him/her as your employer. My guess is that you filed for your GC based on a future job offer. Since they are now unable to offer you a position that was promised on the GC app, they want to cover their asses by withdrawing the I-140.

If this is the case, then contact an immigration lawyer for proper advice since the USCIS could consider this as fraud that there never was an intent to work for the sponsor in the first place.

Also see how you can work things out between you and your sponsor so that they dont have to revoke the 140. If its a typical desi bodyshop, my guess is money will talk.

OTOH, if you are currently working for your GC sponsor and they are laying you off then you are fine (from an immigration perspective) and dont need to worry.
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  #12 (permalink)  
Old 11-04-2009, 02:56 PM
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Hello,

This is frustrating, but legal. All permanent residence visas are approved on the basis of a job that awaits you after granting of visa. If the employer now says that there is no job based on I-140, then it is a legal issue and one of the acceptable actions is withdrawal of I-140.

As many posters have indicated, do not leave the job and ask the employer to relieve you of your responsibilities (get fired). This may provide a justification for you to argue why you can't take a job based on original I-140, then look for similar job and you should be fine.
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  #13 (permalink)  
Old 11-04-2009, 03:00 PM
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Even though it was for a future job, there is no way any body would have visualized that the job they claim will be available in 5-7 years will be actual there given the economy. If that was the case all GC based on future job will be hard to get.

The point here is "Did the employer have good intention while filing". If they did, I dont think whether the job actual exists after 5-6 years or not matters.

Also everybody has a right to livelihood and if you have a good reason to believe that your job is in jeopardy and can document it, you always can go back and use it as an argument.

DOES ANY BODY KNOW EITHER DIRECTLY OR INDIRECTLY WHO HAD ISSUES AT NATURALIZATION BECAUSE OF QUITTING THE JOB AFTER GC. or is it a myth

Last edited by sdrblr; 11-04-2009 at 03:02 PM.
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  #14 (permalink)  
Old 11-04-2009, 03:01 PM
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Dec-03
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I second pagal on that. But OP please consult a good attorney ASAP. Do not resign from the job if you are working for the same company.

Quote:
Originally Posted by Pagal View Post
Hello,

This is frustrating, but legal. All permanent residence visas are approved on the basis of a job that awaits you after granting of visa. If the employer now says that there is no job based on I-140, then it is a legal issue and one of the acceptable actions is withdrawal of I-140.

As many posters have indicated, do not leave the job and ask the employer to relieve you of your responsibilities (get fired). This may provide a justification for you to argue why you can't take a job based on original I-140, then look for similar job and you should be fine.
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  #15 (permalink)  
Old 11-04-2009, 04:25 PM
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OP,

Were you never employed by this company? Was the GC for future employment only?

I know one guy who lost his job with AOS pending. He shifted to H4 becoming a dependent on his Wife's visa and then started his MBA and later got his GC. He was an employee with the company from which he got laid off for almost 8 years .
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