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Job Portability On Ead

Discussion in 'AC 21 I-140 Portability' started by ris123, Feb 12, 2015.

  1. ris123

    ris123 Junior Member

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    I really appreciate if you can help me with my immigration related query. Currently I have my I-485 pending for more than 180 days that was filed by an employer 'A', and I am looking forward to make a move by joining a new employer 'B'. My first query is am I eligible to do that if I have a job offer from employer 'B'. Secondly if I go ahead and join employer 'B', is it possibly for my current employer, i.e. employer 'A' to create any trouble for me that can create problem in my I-485 approval later.

    Currently I am on H1 even though I have my EAD. I would like to know if I don't ask new employer to file AC21 on my behalf, and directly join the new employer on EAD without letting my current employer know. Still my current employer can revoke my I-140?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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  3. asdk

    asdk New Member

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    Is revoking the same as withdrawal? I know most employers withdraw 140 if an employee leaves but the employee can still use that 140 approval to gain h1 extension. Am I wrong?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    An employer can withdraw an I-140, but only the USCIS can actually revoke it. Once an I-140 is revoked, it can no longer be used as a basis for extensions beyond six years.
     
  5. Aben1980

    Aben1980 New Member

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    Hello Ron:
    Please advise on what basis USCIS can revoke 140. Assuming i leave my employer on good terms still employer goes ahead and withdraws the same. Will USCIS revoke all withdrawn petitions or they revoke under certain circumstances and what are those situations. If 140 is revoked can same be challenged.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If an employer withdraws an I-140, there is a 100% certainty that the USCIS will revoke it. Unless the USCIS alleges fraud or mistake, however, the beneficiary is allowed to keep his or her priority date. Please read:
    http://www.imminfo.com/Immigrant-Visas/Employment-Based-Visas/I-140-Revocation.shtml
    http://www.imminfo.com/AC21-Issues/Employer-I-140-Petition-Withdrawal.shtml
    http://www.imminfo.com/AC21-Issues/FAQ-I-140-Withdrawal.shtml and
    http://www.imminfo.com/Immigrant-Visas/Employment-Based-Visas/Retention-Of-Priority-Dates.shtml
     
  7. asdk

    asdk New Member

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    Situation: employee has 140 approved from employer A and moves to emplpyer B. 140 is withdrawn. 140 Ead rules takes effect. Can the employee still apply and get Ead?
    THANKS
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If by "I-140 EAD rules" you mean the proposal where someone with an approved I-140 can file for AOS even if their priority date is not current, the answer is no. The applicant would no longer have an approved I-140 in that situation. If you mean the H4 EAD rule, the answer is perhaps. The way the instructions are written, it appears that they may only require a prior I-140 approval, not a currently valid I-140. It will all depend on the language of the final rule.
     

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