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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 04-04-2008, 12:50 PM
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Dec-06
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Default Can an employer revoke/withdraw I140 even if an employee is currently employed

Guys,

I know it's bit off track question, but I would appreciate if you guys could shed some thoughts on it.
I have my 140 approved with my current employer and my 485 is pending. I had some issues with my employer before my 180 days for 485 pending were completed. It all happened couple of months ago. I am still an employee of that company and receiving proper paycheck etc. Do you guys think my employer would have revoked my I-140 or I would ask "Can an employer revoke approved or pending I-140 even if employee hasn't left the employer and working in the same position"

What I understand is Withdrawing/Revoking an I140 application means employer has to mention that mentioned position is no longer available. If an employee is still working in the same position then how can they show that position is no longer available. I am confused on this one.

Thanks
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  #2 (permalink)  
Old 04-04-2008, 01:19 PM
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Default They could say that position will be closed within the next couple of months

They could say that position will be closed within the next couple of months. This will invalidate the future employment clause - requirement for the GC.

I think the employers wield enormous power in the GC journey. Better not to fight with them as much as possible.


Quote:
Originally Posted by permgc View Post
Guys,

I know it's bit off track question, but I would appreciate if you guys could shed some thoughts on it.
I have my 140 approved with my current employer and my 485 is pending. I had some issues with my employer before my 180 days for 485 pending were completed. It all happened couple of months ago. I am still an employee of that company and receiving proper paycheck etc. Do you guys think my employer would have revoked my I-140 or I would ask "Can an employer revoke approved or pending I-140 even if employee hasn't left the employer and working in the same position"

What I understand is Withdrawing/Revoking an I140 application means employer has to mention that mentioned position is no longer available. If an employee is still working in the same position then how can they show that position is no longer available. I am confused on this one.

Thanks
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  #3 (permalink)  
Old 04-04-2008, 01:23 PM
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Priority Date
:
May-02
Category
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EB2
I140 Mailed Date
:
04/15/2007
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:
India
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N/A
I485 Mailed Date
:
04/15/2007
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Default

Quote:
Originally Posted by permgc View Post
Guys,

I know it's bit off track question, but I would appreciate if you guys could shed some thoughts on it.
I have my 140 approved with my current employer and my 485 is pending. I had some issues with my employer before my 180 days for 485 pending were completed. It all happened couple of months ago. I am still an employee of that company and receiving proper paycheck etc. Do you guys think my employer would have revoked my I-140 or I would ask "Can an employer revoke approved or pending I-140 even if employee hasn't left the employer and working in the same position"

What I understand is Withdrawing/Revoking an I140 application means employer has to mention that mentioned position is no longer available. If an employee is still working in the same position then how can they show that position is no longer available. I am confused on this one.

Thanks
Employer can say the job is eliminated in a reorg/cost-cutting and no longer available.

Keep track of I-140 status through USCIS web site. Also apply for EAD as a backup for easy switch over in addition to H1B. You get an e-mail if previously approved I-140 is revoked.
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  #4 (permalink)  
Old 04-04-2008, 01:35 PM
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Sep-03
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Default

I am guessing u were never given any Receipt number for the 140 by ur employer too..if you had one u cud track taht online...and see if its been revoked.
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  #5 (permalink)  
Old 04-04-2008, 01:35 PM
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Default LUD on approved 140

I think the below information is related to the thread.

My 140 was approved more than a year back. But I saw a LUD on that record in March 2008. Looks like USCIS is reviewing even approved 140s. Scary.
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  #6 (permalink)  
Old 04-04-2008, 01:52 PM
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solraj is infamous around these parts solraj is infamous around these parts solraj is infamous around these parts
Post LUD on approved 140

Yes that is what happened in my case approved 140 1.5 year ago.USCIS sent an NOIR on an approved 140. The problem occurs when multiple gc filings or 140 petitions are pending with USCIS simultaneously and then they look at the ability to pay thing.So employer can revoke a 140 at any stage provided the 485 is not approved for showing the ability to pay .The best way is keep track of it on USCIS website and as others advised renew EAD's and AP's so incase your 140 is revoked USCIS would deny renewal so you are aware.An LUD on approved 140 does not necessarily mean 140 is withdrawn.But put your lights "ON" meaning keep a watch.Infact a friend of mine whose green card was approved 6-8 months ago is getting LUD's often .But does not necessarily mean anything.
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  #7 (permalink)  
Old 04-04-2008, 02:17 PM
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Default

Guys, thanks for the valuable input.
I have the receipt number for I140 and it's pending. Do you guys know how long does it take for USICS to act on it, if employer requests a withdrawal or revoke?

On which date USCIS revoke/withdraw I140 application?
The date employer requests it or the date USCIS acts on it.
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  #8 (permalink)  
Old 04-04-2008, 02:25 PM
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Priority Date
:
N/A
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I140 Mailed Date
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I-140
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Default And what happened to the NOIR

And what happened to the NOIR?

Quote:
Originally Posted by solraj View Post
Yes that is what happened in my case approved 140 1.5 year ago.USCIS sent an NOIR on an approved 140. The problem occurs when multiple gc filings or 140 petitions are pending with USCIS simultaneously and then they look at the ability to pay thing.So employer can revoke a 140 at any stage provided the 485 is not approved for showing the ability to pay .The best way is keep track of it on USCIS website and as others advised renew EAD's and AP's so incase your 140 is revoked USCIS would deny renewal so you are aware.An LUD on approved 140 does not necessarily mean 140 is withdrawn.But put your lights "ON" meaning keep a watch.Infact a friend of mine whose green card was approved 6-8 months ago is getting LUD's often .But does not necessarily mean anything.
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  #9 (permalink)  
Old 04-04-2008, 02:26 PM
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Default

Quote:
Originally Posted by permgc View Post
Guys, thanks for the valuable input.
I have the receipt number for I140 and it's pending. Do you guys know how long does it take for USICS to act on it, if employer requests a withdrawal or revoke?

On which date USCIS revoke/withdraw I140 application?
The date employer requests it or the date USCIS acts on it.
It's going to be revoked as of the date of employer request. No kidding here.
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