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 How do we know whether they have withdrawn GC process or not?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 would like to thank the team of Mr. Khanna. He has been of great help. Initially they filed my case for H1B and got approved with no problem and now I am applying through Mr. Khanna and Mr. Mathew for EB2 GC. My case is very complicated so Khanna ji gave two consutations without any charge and spoke about all the details. My employer offered me her attorney but still I have so much of confidence in Mr. Khanna that I am filling through him. I am sure despite my case being so different, he will leave no stones unturned to represent my case in the best manner. I will update as we will progress. Once again Mr. Khanna thanks for being so cooperative and visionary.