I-140 related question

[rollno6]

We applied for Adjustment of status , EB2-Eb3 downgrade, in OCt'2020. My application received date was OCt'29th 2020( June'2011 PD).  My I-140 downgrade/amendment is approved on APril 1st.  I-485 EAD approval is still pending, no update on my case since I gave my finger prints on Mar'16.

Question: My client is offering me a fulltime and they would like to initiate H1B, now, according to AC21 job portability ( since its been more than 180 days my application has been pending with USCIS), can I current employer revoke my I140? Do I have to wait 180 days from I140 approval date or 180 days starts from when we send I485 application to USCIS( In my case its past 180 days). what happens if my current employer revokes my I-140?

[Spartan]

u have to wait for 180 days from April 1st

[rollno6]

1 minute ago, Spartan said:

u have to wait for 180 days from April 1st

This means I have to stay with my employer for another 6 months?

[Spartan]

Just now, rollno6 said:

This means I have to stay with my employer for another 6 months?

yes

[AndhraneedSCS]

Yes, wait for 5 more months. Hope you get GC before then 

[csrcsr]

6 minutes ago, rollno6 said:

This means I have to stay with my employer for another 6 months?

 

6 minutes ago, Spartan said:

yes

 

3 minutes ago, AndhraneedSCS said:

Yes, wait for 5 more months. Hope you get GC before then 

No Bro thats not true , if you applied concurrently with your 485 , you are protected by AC21 100% sure you are protected by AC21 no impact to 485 application , 

You can also read your 485 reciept mida untadi ac21 gurinchi job chanage gurinchi

You can join your new employer after filing 485 180 days no issues , need not wait for 180 days after 140 is approved

 

[rollno6]

1 minute ago, csrcsr said:

 

 

No Bro thats not true , if you applied concurrently with your 485 , you are protected by AC21 100% sure you are protected by AC21 no impact to 485 application , 

You can also read your 485 reciept mida untadi ac21 gurinchi job chanage gurinchi

You can join your new employer after filing 485 180 days no issues , need not wait for 180 days after 140 is approved

 

Ohh !! I have been getting mixed responses on this question. THanks for the clarification

[csrcsr]

2 minutes ago, rollno6 said:

Ohh !! I have been getting mixed responses on this question. THanks for the clarification

Read the 485 reciept mida kuda clear ga rastadu, EAD/ AP will come on its own , but make sure you Apply 485J along with h1 transfer (THIS IS VERY VERY IMPORTANT) , even if your employer reviokes 140 the case officer has 485J supplement to have hyour continuous emmployment record,

[megadheera]

2 minutes ago, rollno6 said:

Ohh !! I have been getting mixed responses on this question. THanks for the clarification

Yes. It’s a grey area. Rahul reddy gadu emo 140 approve ayyevaraku wait cheyali antadu safe side but most of other attorneys says no need. 

[spicyfish]

Somebody also answer this to me:

Monna downgradeed i140 and applied AOS,EAD,AP

 Ippudu downgraded i140 amendment or new how to know ?

I have receipt copy but it doesn't day anything 

 

[csrcsr]

13 minutes ago, rollno6 said:

Ohh !! I have been getting mixed responses on this question. THanks for the clarification

 

8 minutes ago, megadheera said:

Yes. It’s a grey area. Rahul reddy gadu emo 140 approve ayyevaraku wait cheyali antadu safe side but most of other attorneys says no need. 

 

[acuman]

30 minutes ago, rollno6 said:

We applied for Adjustment of status , EB2-Eb3 downgrade, in OCt'2020. My application received date was OCt'29th 2020( June'2011 PD).  My I-140 downgrade/amendment is approved on APril 1st.  I-485 EAD approval is still pending, no update on my case since I gave my finger prints on Mar'16.

Question: My client is offering me a fulltime and they would like to initiate H1B, now, according to AC21 job portability ( since its been more than 180 days my application has been pending with USCIS), can I current employer revoke my I140? Do I have to wait 180 days from I140 approval date or 180 days starts from when we send I485 application to USCIS( In my case its past 180 days). what happens if my current employer revokes my I-140?

140 approval date. So, wait there and get GC or 180 days then move on.

[acuman]

4 minutes ago, spicyfish said:

Somebody also answer this to me:

Monna downgradeed i140 and applied AOS,EAD,AP

 Ippudu downgraded i140 amendment or new how to know ?

I have receipt copy but it doesn't day anything 

 

unless filled 140 form no one can tell amendment or new

[acuman]

as per law once 485 approved no need to see back i140 revoking. because i485 overrides such.

 

[acuman]

But, neenu cheppindi emiti ante there are plenty of FT jobs. You are so close to get GC wait there for 6 months.