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View Full Version : I-140 revoked after 180 days..used AC21..don't worry!


EndlessWait
01-22-2008, 05:34 PM
I would like to open this thread for those who are worried about the implications of using AC21 after 180 days. Lots of folks on several thread have either attempted to scare(any desi consultant ;) ) or are just scared!

I would like to have ppl share there reviews and experiences but I assure you
that AC21 is the law and your I-140 revocation has no effect to your on going process if you've done as required by the law as follows:

1. Joined the new job in the same or similar category
&
2. Minimum salary as specified per approved labour

So pls dont worry..be happy..love AC21! :D

kaisersose
01-22-2008, 05:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

===

...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.

===

sanjay02
01-22-2008, 05:40 PM
Have you used AC21?

What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

EndlessWait
01-22-2008, 05:59 PM
Have you used AC21?

What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

if your application is fine, there is no reason for you to worry. sometimes mistakes can happen..but i dont think you need to worry too much..its like having a heart attack while going to the movie..u can't plan for everything..

:-)

deba
01-22-2008, 06:46 PM
"Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain

aj1234567
01-22-2008, 11:41 PM
Hi
My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
Thanks
Aj

rajenk
01-23-2008, 01:49 PM
Have you used AC21?

What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy

santosh19
01-23-2008, 03:07 PM
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy

If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(

honeyB
01-23-2008, 03:23 PM
Hi,
How can we findout whether we got soft luds or not?

honeyB
01-23-2008, 05:21 PM
bump

honeyB
01-23-2008, 05:42 PM
bump

she81
01-23-2008, 09:25 PM
"Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain

Nice adage. :)