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 How do we know whether they have withdrawn GC process or not?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
I sincerely thank Rajiv Khanna and his team of professionals for their work on my PERM (Labor) stage of my Green card process. I would extend my heartiest thanks especially to Subha, Roopa and Pramita who were actively involved in my case. I got my approval in 2 weeks. I would like to mention that I work for a medium sized company and this is the first time my employer was filing for permanent residency. We were patiently educated and guided through the entire process. Mr. Khanna’s team did all paperwork professionally. I am very happy with the services of The Law Offices of Rajiv Khanna and would definitely recommend them for any immigration case.