140 revoked, 485 NOID , Ginnu, UN please ...

A

applevalley

Registered Users (C)
Hi,
Details of my filing are in my signature. But yesterday my attorney received a NOID on my 485 saying that 140 was revoked and i need to provide
1) A written request to have your application considered under section 106(c) of ac21 act.
2) An original letter on company letter head outling your emplyment or offer of emplyment by your current or prospective employer containing a detailed desc. of the offered postion, duties, remuneration an dprospect of contunied employment.

Breifly my story. 140 was approved in jun25-2003 and 485 RD jan18-2003. Moved to a differnt company in sep2003 and send AC21 in oct2004. Received an RFE in nov 2004 for paystubs, w2-s, fed tax returns. Sent them and recvied NOID in may2005.

My questions to Ginnu, UN and others gurus...
1) Since i didnt send AC21 right away in sep2003 and waited till oct2004 is it an issue.
2) Related to above my attorney is asking me to mention in my changing emplyer letter that i sent AC21 doc in OCt2004. I am worried because i didnt sent it on time. At that time i saw postings asking to wait until u recevie an RFE.
3) How important is job description in current employers letter of job duties , title on company letter head. Can i just have what ever job duties (box 13) i had in LC that was used for my 140 with different wording and not worry about description.

thanks
 
applevalley said:
Hi,
Details of my filing are in my signature. But yesterday my attorney received a NOID on my 485 saying that 140 was revoked and i need to provide
1) A written request to have your application considered under section 106(c) of ac21 act.
2) An original letter on company letter head outling your emplyment or offer of emplyment by your current or prospective employer containing a detailed desc. of the offered postion, duties, remuneration an dprospect of contunied employment.

Breifly my story. 140 was approved in jun25-2003 and 485 RD jan18-2003. Moved to a differnt company in sep2003 and send AC21 in oct2004. Received an RFE in nov 2004 for paystubs, w2-s, fed tax returns. Sent them and recvied NOID in may2005.

My questions to Ginnu, UN and others gurus...
1) Since i didnt send AC21 right away in sep2003 and waited till oct2004 is it an issue.
--------------------- send the AC21 now and what they have asked
2) Related to above my attorney is asking me to mention in my changing emplyer letter that i sent AC21 doc in OCt2004. I am worried because i didnt sent it on time. At that time i saw postings asking to wait until u recevie an RFE.
------------------- send the AC21 now and what they have asked
3) How important is job description in current employers letter of job duties , title on company letter head. Can i just have what ever job duties (box 13) i had in LC that was used for my 140 with different wording and not worry about description.
--------------------- better new employer write the date you joined, wages, same title/ job duties as in item 13 on form ETA750A( if possible dont change the wording, if want to change write 3-4 duties same words in the beging as they are on LC and other duties words change so that it looks same/similar) the employer has to offer the permanent jonb after I-485 approval.
thanks
Click to expand...
 
fast_gc_seeker said:
is the poster having all these issues becuase he/she sent AC-21 proactively?
Click to expand...
------------- poster sent AC21 earlier but the USCIS has not attached his AC21 letter with his pending I-485 file or they misplaced it or the officer who is having his file did not find AC21 letter in the file
 
ginnu said:
------------- poster sent AC21 earlier but the USCIS has not attached his AC21 letter with his pending I-485 file or they misplaced it or the officer who is having his file did not find AC21 letter in the file
Click to expand...
wow!!!!...if this is true it really sucks to be in such position.

I had heard USCIS misplacing medicals etc. but how sick it is if they loose AC-21 letter which will decide fate of somebody's GC.
 
fast_gc_seeker said:
I had heard USCIS misplacing medicals etc. but how sick it is if they loose AC-21 letter which will decide fate of somebody's GC.
Click to expand...

An unsolicited AC21 will never decide the fate of anyone's GC. This is yet another example of how you should never send anything to USCIS, unless it is with an initial application or in response to an RFE or NOID.
 
TheRealCanadian said:
An unsolicited AC21 will never decide the fate of anyone's GC. This is yet another example of how you should never send anything to USCIS, unless it is with an initial application or in response to an RFE or NOID.
Click to expand...
"Unsolicited AC21" ?

I'm aware that sending AC-21 is not mandatory after a job change. To send it "proactively" or not is very subjective topic and many different attorney's also have different opinions on it. Some attorney's like Sheila Murthy says sending it proactively is better but some attorney's like mine[who has handled thousands of cases] says wait for RFE just like you.

To clear many doubts it would be nice if USCIS publishes some memo on AC-21 addressing above topic.
 
applevalley said:
Hi,
Details of my filing are in my signature. But yesterday my attorney received a NOID on my 485 saying that 140 was revoked and i need to provide
1) A written request to have your application considered under section 106(c) of ac21 act.
2) An original letter on company letter head outling your emplyment or offer of emplyment by your current or prospective employer containing a detailed desc. of the offered postion, duties, remuneration an dprospect of contunied employment.

Breifly my story. 140 was approved in jun25-2003 and 485 RD jan18-2003. Moved to a differnt company in sep2003 and send AC21 in oct2004. Received an RFE in nov 2004 for paystubs, w2-s, fed tax returns. Sent them and recvied NOID in may2005.

My questions to Ginnu, UN and others gurus...
1) Since i didnt send AC21 right away in sep2003 and waited till oct2004 is it an issue.
2) Related to above my attorney is asking me to mention in my changing emplyer letter that i sent AC21 doc in OCt2004. I am worried because i didnt sent it on time. At that time i saw postings asking to wait until u recevie an RFE.
3) How important is job description in current employers letter of job duties , title on company letter head. Can i just have what ever job duties (box 13) i had in LC that was used for my 140 with different wording and not worry about description.

thanks
Click to expand...

Hi,

Did you get any email notification or LUD on your I140 or I485 for this sad incident?

Please reply.
Thanks.
sd70
 
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