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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 09-05-2008, 03:58 PM
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Default Can employer withdraw I-140 after 1 year?

Basically I have some new job offers which I don't want to pass on, and my I-140 has been pending for over an year now.

My question is can my employer withdraw I-140 petition after an year has passed since filing both I-140 and I-485?
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PD July 2004 (EB3 India)
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I-485 Filed; Invoked AC21, switched to EAD Jun 2009
By the way, spent 9 years on H1
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  #2 (permalink)  
Old 09-05-2008, 04:31 PM
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Originally Posted by rdehar View Post
Basically I have some new job offers which I don't want to pass on, and my I-140 has been pending for over an year now.

My question is can my employer withdraw I-140 petition after an year has passed since filing both I-140 and I-485?
Yes, as long as it is not approved?


**** Not a legal advise ****
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  #3 (permalink)  
Old 09-05-2008, 05:06 PM
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Originally Posted by rdehar View Post
Basically I have some new job offers which I don't want to pass on, and my I-140 has been pending for over an year now.

My question is can my employer withdraw I-140 petition after an year has passed since filing both I-140 and I-485?
I-140 is employer's property, and they can withdraw it anytime they want.
They can withdraw before approval and after approval.

If 180 days passed after approval, no major problems should occur to your ongoing PR process.
GCCovet
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  #4 (permalink)  
Old 09-05-2008, 05:12 PM
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Reading posts #11, 15 and 17 on this is what confused me:

http://immigration-information.com/f...?t=4414&page=2

From what I understood, employer cannot withdraw I-140 after 180 days of filing I-485.
__________________
PD July 2004 (EB3 India)
Transferred to Philly Backlog
Labor approved May 2007, I-140 approved Sept 2008
I-485 Filed; Invoked AC21, switched to EAD Jun 2009
By the way, spent 9 years on H1
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  #5 (permalink)  
Old 09-05-2008, 05:20 PM
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Default

Quote:
Originally Posted by rdehar View Post
Reading posts #11, 15 and 17 on this is what confused me:

http://immigration-information.com/f...?t=4414&page=2

From what I understood, employer cannot withdraw I-140 after 180 days of filing I-485.

Thanks for the link. one thing has cleared up for me, that an approved I-140 cannot be withdrawn after 180 days...even if it does, not gonna cause any substantial damage.
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  #6 (permalink)  
Old 09-07-2008, 12:53 AM
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Default i140 pending. need to change jobs as company is laying off

My 140 is pending..If the old employer doesn't revoke it and it gets approved next year. whats the next logical step. I payed for 140 and was anyways gonna pay for the 485.
Can i ask the old employer for the 485 too even if i am not empoyed with them city the reason that they laid me off an i didnt quit them. In this case i can suggest that i will join them again once i get my GC. Anyways i am the one paying for 140, 485 etc. Does company have to do anything during 485? I will pay the lawyer as decided..Do you guys think this is a valid scenario....
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  #7 (permalink)  
Old 09-07-2008, 01:18 AM
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Quote:
Originally Posted by LostInGCProcess View Post
Thanks for the link. one thing has cleared up for me, that an approved I-140 cannot be withdrawn after 180 days...even if it does, not gonna cause any substantial damage.
An employer can withdraw an approved petition after 180 days of filing AOS. But as 180 days have already crossed, your 485 does not get affected as long as you have a same/similar job in hand. USCIS generally issues a NOID requesting you to respond in 30 days with details of new employment
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  #8 (permalink)  
Old 09-07-2008, 01:19 AM
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Quote:
Originally Posted by test12344321 View Post
My 140 is pending..If the old employer doesn't revoke it and it gets approved next year. whats the next logical step. I payed for 140 and was anyways gonna pay for the 485.
Can i ask the old employer for the 485 too even if i am not empoyed with them city the reason that they laid me off an i didnt quit them. In this case i can suggest that i will join them again once i get my GC. Anyways i am the one paying for 140, 485 etc. Does company have to do anything during 485? I will pay the lawyer as decided..Do you guys think this is a valid scenario....
As long as the employer is willing to rehire you after GC, and does not mess up your immigration process, you are fine - but in layoffs this seldom happens - it all depends on how you convince USCIS
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  #9 (permalink)  
Old 09-09-2008, 09:22 PM
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Yes they can.
But if your 140 is approved CIS will consider your 485 still approvable
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