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Previous Employer Wanted To Withdraw Approved 140

Discussion in 'Keeping your green card' started by adi787, Sep 11, 2015.

  1. adi787

    adi787 New Member

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    Hi Ron,

    I received my GC through my current employer as eb2. We have used PD porting from my previous employer approved 140.
    After getting my GC, previous employer requested to withdraw approved I140 since I don't work for him now.
    USCIS denied request saying, that 140 has been used by beneficiary and got his GC.

    Can this cause any issues in future? I read on another forum, where there was a case uscis wanted to revoke 140 which was used to port PD and as per them it might cancel GC as well.

    Appreciate your help!

    ======
    A year and a half after obtaining permanent residence, Mr. Worker learned that USCIS had issued a Notice of Intent to Revoke ABC, Inc.’s approved I-140 and the company was given 30 days to respond. The Notice was quite vague regarding what lead the Service to believe revocation was necessary and did not take into consideration the fact that the company had already requested withdrawal of the approved I-140. It simply stated that ABC, Inc. had filed a high number of petitions and must establish that its permanent job offer from 2006 was a realistic one. ABC, Inc. was asked to submit a list of all I-140 and I-129 petitions it had filed, demonstrate that the company had the ability to pay the salary offered, submit evidence that it was still in business, and provide documentation to substantiate its address. There was no indication of what caused the Service to question whether the business still existed, only a generic statement that the company had filed an unusually high amount of petitions.
     
  2. DonDraper

    DonDraper Guru

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    Mostly no unless it was fraud
     
  3. adi787

    adi787 New Member

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    Worried due to the case I mentioned above, anyway will see in future! Thanks.

    Ron, any advise?
     
    Last edited: Sep 11, 2015
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It is a possibility. I've seen it happen.
     
  5. adi787

    adi787 New Member

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    But uscis denied withdrawal saying, it can not be done now. Still you see there might be an issue? If Yes, what are my options?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the I-140 had been withdrawn, there is case law that says the USCIS cannot come back later and revoke it for fraud or mistake. If it hasn't been withdrawn, then they still have that option. They did this with the Vision Systems cases.
     
  7. R_S

    R_S Guru

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    Hello Ron

    Please reply to this if 180 days has passed wont the AC21 protects this 140 withdrawal ? and the entire petition.

    I can understand if less than 180 days of approval and he got GC that might be EB1 then, this is the situation.

    THanks
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you are 180 days beyond filing for AOS, it doesn't matter what the employer does. You are safe.
     
  9. R_S

    R_S Guru

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    Thanks a lot Ron
     

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