AOS denied due to I140 revoked but covered under 245I

[4mylilbigboy]

I have an employer based petition but my employer withdrew my I140 on Jan 2002, but I am covered under 245I since it was filed 2000.

Knowing of my eligibility for 245I, I filed for adjustment last 2006 but it was denied and the reason I received was because my I140 was revoked!

Is this not wrongful denial of my AOS? Even if my I140 was revoked, I should have the benefits of 245I since it was 'approvable when filed' and I should be allowed to file for AOS, isn't???

This happened in 2006, can I still do something or appeal for this wrongful denial?

Thanks.

 

[Jackolantern]

Where did you get the idea that 245(i) protects you from I-140 revocation?

You must be mixing it up with AC21 which protects your I-140 if the employer asks USCIS to revoke it after your I-485 was pending for more than 180 days and you found another "same or similar" job. But even AC21 would not protect you, because the I-140 was revoked before you even filed for adjustment of status.

 

[Jackolantern]

I think you are misinterpreting the "grandfathering" rules for 245(i). Your grandfathering eligibility is protected if an approved or "approvable when filed" petition is withdrawn, but your eligibility for adjustment of status is not automatically protected. To pursue AOS after revocation of the original petition, you would still need a new petition, whether family-based or employment-based. That new petition would be grandfathered under 245(i), allowing you to adjust status from it despite your history of illegal presence.

At least that's my interpretation of it. You need to consult an immigration lawyer with 245(i) experience.

 

[ginnu]

I have an employer based petition but my employer withdrew my I140 on Jan 2002, but I am covered under 245I since it was filed 2000.

Knowing of my eligibility for 245I, I filed for adjustment last 2006 but it was denied and the reason I received was because my I140 was revoked!

Is this not wrongful denial of my AOS? Even if my I140 was revoked, I should have the benefits of 245I since it was 'approvable when filed' and I should be allowed to file for AOS, isn't???

This happened in 2006, can I still do something or appeal for this wrongful denial?

Thanks.

It seems You are mixing 245(i) with AC21.

when was your I-140 filed?
when did you filed I-485?
when did employer revoked I-140?
what is your status at this time?

 

[Jackolantern]

when was your I-140 filed?
when did you filed I-485?
when did employer revoked I-140?
what is your status at this time?

The first three questions are already answered in the first post of the thread, at least with the year given for each event.

 

[4mylilbigboy]

I think you are misinterpreting the "grandfathering" rules for 245(i). Your grandfathering eligibility is protected if an approved or "approvable when filed" petition is withdrawn, but your eligibility for adjustment of status is not automatically protected. To pursue AOS after revocation of the original petition, you would still need a new petition, whether family-based or employment-based. That new petition would be grandfathered under 245(i), allowing you to adjust status from it despite your history of illegal presence.

At least that's my interpretation of it. You need to consult an immigration lawyer with 245(i) experience.

thank you for all your responses. you are right. i still need family or employment based petition to file for adjustment. i was wrong regarding the wrong denial of my aos.

just a follow up question...

my soon to be ex-husband have an employment based petition, his pd is apr 06 and he was able to file last july 07. now he got his green card. his company provided atty did not include me on his aos since she said that since i lack status that i cannot file with him or else i might get deported. i have consulted with more than 3 attys and only that atty won't allow me to file for adjustment. now i have to wait for my ex's priority date to come up again because of that very bad advice...can i not appeal with ucis?? can i file a lawsuit against this atty for legal malpractice? even if it was that long time already?

thanks again...