Can Employer Withdraw My Green card Application?
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 How do we know whether they have withdrawn GC process or not?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
I hired the services of Mr. Rajiv Khanna's law firm after a so-called big shot immigration attorney here in Dallas proved to me that his incompetence & sheer lack of knowledge came at an exorbitant price. Being a perfectionist by nature, I decided not to go in to the H1 process with that conman and chose to go with Mr Khanna's law firm instead after thorough research. Can easily say that it was one of those decisions for which u pat yourself on the back. The sheer promptness, professionalism and clockwork precision exhibited by Anna Baker, Rena Waddell & Charu Bhagat was exemplary. At the same time, they were very patient with my constant complex queries. I never felt a lack of warmth in my interaction with them, which is pretty uncommon otherwise, especially when it comes to law firms. The processing & paperwork was super-quick and the ball was always rolling. It was hardly any time after my case was filed that I got a call one morning informing me of my approval. And to think that I have never even seen or met any of these wonderful people. One word to describe these guys. Brilliant.