Question details
I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity.
My employer is threatening to withdraw GC files processing unless I work with them till I get my GC.
Qo1. Is that possible for them to withdraw like that?
Qo2. Does that affect my GC process in negative way?
Qo3. What I have to do in case they withdraw?
Qo4. Is it possible to re-start the whole GC process again in case?
Qo5. By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?
Qo6. How do we know whether they have withdrawn GC process or not?
Ans1. They can withdraw the 140. That is their petition, but they cannot withdraw the I-485. That is your petition. If they withdraw the I-140 you can still take recourse to AC21 and not suffer any negative consequences.
Ans2. If you are covered by AC21, you should be fine.
Ans3. File AC21 letter as soon as possible.
Ans4. Sure .
Ans5. See this link: http://www.immigrationportal.com/blog.php?b=25
Hi, My wife and myself received our I-485 approvals the last saturday. Rajiv, Fidelina and their team did great job in getting my GC. I didn't have lot of time on my H1 when I started my GC (right around 2years), but I got my GC within 1year 8 months. Here are my details: EB2 India, PD is Sept 98, LC done in 7 months through RIR, Got I140 in 3 weeks. I485 RD is Aug 99. Got EAD/AP within 2 months. FP done in Oct 99. 485 approved May 23, 2000. The best thing I did is hiring the Rajiv and the gang instead of going through the company lawyer. I saw my friends in my company having lots of troubles with the company attorney, who doesn't have current knowledge of ever changing immigration laws. Great job guys! Thanks Puri