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I-140 approved but approval notice not shared by employer

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  • I-140 approved but approval notice not shared by employer

    Hi,

    My I-140 was recently approved but am told by my employer that they cannot share the approval or even the copy of it.

    If I need to switch using H1 extension or AC21
    a. Is it doable ?
    b. What are the risk associated with it.

    I have my I-140 receipt and 797-c when I filed it. I considered form 824 but Nebraska is currently processing July 2007 cases.

    Please advise

    Thanks a lot

  • #2
    a. Safe to use AC21 as you have the receipt number. Hope you have everything associated with the GC filing. Would be better if you have I140 copy so that you can prove PD if needed.
    b. Risk is the I140 withdrawal by employer has resulted in USCIS wrongly denying some cases for GC even if you qualify. This would mean you would have to appeal, go through MTR etc. Get a good lawyer to draft a AC21 letter to USCIS and send it. Worth the consultation fee.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Same situation one more question

      Hi Tx
      Just got my approval a few days back.
      You had mentioned I-140 withdrawal could result in some complications.
      But my I-140 is approved. Can they still withdraw it?

      Also, do I need to tell them of proposed change in employment before filing for AC-21.

      Thanks

      Comment


      • #4
        Yes, they can still withdraw it.

        Who are them? As long as you have a same/similar job, use of AC21 is legal and permitted. I was just outlining the risks.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b
          Yes, they can still withdraw it.

          Who are them? As long as you have a same/similar job, use of AC21 is legal and permitted. I was just outlining the risks.
          Thanks Tx, and sorry for the non-clarity.

          If I wanted to change employers, do I need to tell my current employer or USCIS of my intention to do so.

          Also, my I-485 has been pending for more than a year now. I have also got my EAD (and in fact renewed it).

          Is there some thread here itself that you have answered which would state the steps needed to do a successful AC-21. I am just a little extra concerned since my wife is also on an EAD and in school and any hiccups could cause her to go totally out of status.(since F-1 is not a possibility for her)

          Thanks for all your help over the last few months (for me)

          Comment


          • #6
            Your choice if you want to tell your current employer or not. They will find out anyway when you don't show up for work

            As far as USCIS goes, that is what AC21 usage letter is about. There is no special form to use to notify USCIS. A letter that identifies the relevant sections of the law that allows you to use AC21, a new offer letter from your "permanent" employer, a clarification that your job remains the same/similar to which the labor was filed, your A#, 485 recpt, etc should be sent to USCIS so that they do not deny the I485 in case the ex-employer revokes the I140.

            Search and read the AC21 memo here or from google. That will explain.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              I-140 approved but approval notice not shared by employer

              Hi,
              can any budy suggest me how to get my I-140 approval notice from my company/Lawyere... they are not ready to share at this movement... I spoke with my employer today.. I need I-140 approval notice.. he says they not willing to share at this movement.. He is telling I-140 is company property.. employee can't have right to asking i-140 approval...

              1. I-140 is employer property (or) employee property.
              2. if I-140 is employer property... is there any otherway to get I-140 notice.. without employer permission (I spoke with autorney... she, need written permission from employer... but, here employer is not ready to give I-140).
              3. If I-140 is employee proper... then how to prove..I-140 must given to employee..

              please suggest me... what to do..

              Comment

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