140 revoked and AC21 applied...

A

applevalley

Registered Users (C)
Hi,
Here is a brief history of my case.

Substituted Labor and 140 applied in Dec2002 and apporved in June 2003.
485 RD Feb second week 2003 and moved to a different company after more than 6 months of 485 RD.
Recently my employer revoked 140 and i did send AC21 with same duties and description for that job code but with a different job title and higher salary. Location is also different.
What are the possibilities of this case.

I really appreciate every experts advice since i am going through hell thinking about this. Especially Ginnu, United Nations,

Thanks
 
unitednations said:
Ultimately, you will receive a good result. There may be some heartburn in between though. From seeing other members postings it seems that uscis will eventually issue a notice of intention to deny on the 485 since the 140 has been revoked. (note: I have mainly seen this for people in similar situation as you but the difference is that they didn't notify of ac21 until they received the NOID. You may not get the NOID at all since you have already invoked ac21)

By the automatic revocation rules of INA, uscis has to revoke the 140 upon request of employer. However, ac21 allows you to carry on the 485 if 140 was approved and 485 has been outstanding for more than 180 days). Therefore, adjudicator may still send you a NOID with this mistaken belief. If this happens then your lawyer is going to have to explain ac21. Eventually, you will get approved as long as job is same/similar as original labor cert. From your posting it seems that it is same/similar.

In conclusion: USCIS does nothing to the 485 as you have already invoked ac21. Or USCIS issue NOID on 485 because their is no 140 any more. At this point you get lawyer to send ac21 and explain the rules of ac21 and then you will get approved. The rules are pretty clear on this, it's just that you may get a little heartburn but you will get approved.
Click to expand...

Thanks unitednations. So Higher salary or salary doesnt have a clear role or impact unless it is very less. Thanks again and recently i saw LUD change and waiting for those emails.
 
Salary would not be an issue. I even see people got approval with lower salary, one extreme case the salary is 30% lower still get approval.
 
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