140 revoked and 485 pending ...

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applevalley

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Hello gurus, Please take time to repond with your experiences/suggestions..
My 140 was filed with LC substitution in oct2002 and 485 filed in jan2003 at VSC. 140 approved in june and EAD/AP in the smae month. I moved to a new company since old company is not able to show positions.
Today i received a call stating that they sent a request to revoke 140 and they recevied a letter from CIS asking for confirmation. Is this the usual way CIS does respond for a 140 cancellation request. I didnt send AC21 since lawyer suggested to wait until RFE is raised. Also i got 2nd EAD/AP approved in March2004. In case if the old company aggressively wants to revoke approved 140 , what are the prossibilites. ANy suggestions would be helpful.

Thanks
 
Talk to your Lawyer and like my fellow member anxiouslady suggested, you are perfectly fine as you have crossed 180 days of filling I485 and your I140 is also approved. You should send a detailed letter supporting your case using AC21 and just make sure that you should mention the similar job position and job description as in Labor Petition and you should be fine.

If you don't respond to your case, then there is every posibility that the IIO can issue NOID and you will have only limited time to reply, so act asap.
 
A quick clarification

Can somebody clarify a related issue?
One of my friend is the same situation but in the oppositie position.
His company has subsituted the labor by revoking a 140 of an employee who left the company after 180 days of his 140 and 485 filiing. The ex-employee has applied for AC-21.Subsquently my friend recieved EAD and AP approvals and waiting for 485 apporval...In this case who gets the approval? His lawywer recommneded that both the cases will get approved....any comments?
 
If you havent filed the AC21, you most probably would receive an NOID from USCIS. You'll have 30 days to respond back to this. At that point of time you can file your AC21.
or, you can go ahead and file AC21 asap and avoid an NOID.
 
In the below case, both will get the approvals provided they meet all other requirements. The person who used AC21 should have the similar job title and same job description in the new job and your friend should match the LC requirements. Hope this answers your question.

One of my friend is the same situation but in the oppositie position.
His company has subsituted the labor by revoking a 140 of an employee who left the company after 180 days of his 140 and 485 filiing. The ex-employee has applied for AC-21.Subsquently my friend recieved EAD and AP approvals and waiting for 485 apporval...In this case who gets the approval? His lawywer recommneded that both the cases will get approved....any comments?
Click to expand...
 
I believe I140 can not be revoked if more than 6 months have elapsed since approval. Double check this either with a competent immigration attorney or through your own independent research of immigration law.

I do agree with what the others here have suggested regarding applying for AC21 ASAP.

Good luck! :)
 
File AC21 , donot delay. Did they gave you termination letter or you have left on your own? Even if you left on your own, since you have crossed 180 days from i140/i485. respond immediately. talk with your lawyer



-hisai
 
peeved said:
I believe I140 can not be revoked if more than 6 months have elapsed since approval.
Click to expand...

An approved I-140 can always be revoked at any point until the beneficiary has received permanent resident status. After 180 days, it is not fatal provided the alien does what our original poster is doing and is proactive.

USCIS will kick out an NOID, so make sure you have all of your paperwork ready before this happens.
 
Thanks for your reply...

needhelp1 said:
In the below case, both will get the approvals provided they meet all other requirements. The person who used AC21 should have the similar job title and same job description in the new job and your friend should match the LC requirements. Hope this answers your question.
Click to expand...
 
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