I140 App 2002, I485 pend > 180 .. I485 Denied

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Cheekoo

Registered Users (C)
This is a really confusing issue.

I have I140 approved in 2002. I485 pending over 180 days. Changed job. Simple AC21 case ... I was just expecting some good news.

Suddenly ... got a denial letter today .. stating that
" USCIS established I140's petetioner's (my ex employer) intent to revoke I140. The reason for the intent was the attorney of record, Mr. XXX, was convicted of labor certification and immigration fraud. The service requested additional evidence to establish the job offer as bona fide offer. The petetioner (my ex employer) did not respond the service's intent and I140 was revoked. The record does not establish the immigration visa petition was withdrawn at the request of the petitioner. The record does not establish you are eligible for consideration under AC21."

Actually the Ex-company's lawyer was convicted of immigration frauds. My case is genuine as I worked for that Company and have W2 and also pay stubs.

I will contact a good lawyer on Monday ... till then I am holding my breath.

Any advice
 
Any updates , any luck with lawyers?
Did you inform INS about changing the employer in advance ?
 
Last edited by a moderator:
1, I contacted the employer, and he is playing with time and asked me to visit him this monday.

2, Contacted Lawyer A, he said that it is imperative that the employer responds and atleast give an affidavit which the employer refused till Monday. Yet the Lawyer is willing to file MTR with all possible proof. paystubs, tax returns, service letters signed by the employer etc.

3, My new employer advised me to prepare to file a suet agains Employer A for "consequential damages" as the employer is not verifying the letters and documents. Consequential damages are the ones which I will face in the shape of my future, my kid's future, everything I own here will be sold before I leave USA. Mental stress etc.

will talk to the lawyer today evening and will update here .....

So many questions so little time
 
Cheekoo said:
1, I contacted the employer, and he is playing with time and asked me to visit him this monday.

2, Contacted Lawyer A, he said that it is imperative that the employer responds and atleast give an affidavit which the employer refused till Monday. Yet the Lawyer is willing to file MTR with all possible proof. paystubs, tax returns, service letters signed by the employer etc.

3, My new employer advised me to prepare to file a suet agains Employer A for "consequential damages" as the employer is not verifying the letters and documents. Consequential damages are the ones which I will face in the shape of my future, my kid's future, everything I own here will be sold before I leave USA. Mental stress etc.

will talk to the lawyer today evening and will update here .....

So many questions so little time
Click to expand...

Good luck Cheekoo.
For number 3, I don't think it is possible since there is no rule to say that employer A must response to RFE on I140. However, please update more detail once you get them.

It will really help us.
 
newbies said:
Good luck Cheekoo.
For number 3, I don't think it is possible since there is no rule to say that employer A must response to RFE on I140. However, please update more detail once you get them.

It will really help us.
Click to expand...
agree that its not must for employer to respond for 140 but if asked employer "must" provide employment verification as they were the one who filed for 140. good luck cheekoo and get out of that desi's cage.
 
Well folks .... Finally the employer signed the affidavit and G28 for my lawyer. Accidentally found someone within the Old convicted lawyer;s office. who talked to this employer and everything is settled. We went to his office and he signed without any problem . However he said everything about the reservations he had. I had to beg him to do this.

Then my lawyer "A non desi" prepared cover letter for MTR for I140 and sent through FEDEX due to the urgent nature. Also filed MTR for I485.

Lawyer said ... Expect response for I140 within 30 days. My PD is April 2001 and current date is April 1, 2001 ..... five days to go .. but lets see ....

will update you guys ..... soon

ps: you are right #3 was not easy as employer and I did not have any contract saying that he will sponsor me .. blab blab ... I AM RELIEVED
 
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