140 revoked and AC21 applied...

A

applevalley

Registered Users (C)
Hi,
I sent my intention to use AC21 recently with Letter from my current employer with details of my job details( similar), title (its different) and salary (60% higher -different), my intention to use ac21 as i came to know my 140 is revoked and today an RFE was sent only for me and not for my wife. Did any body had simliar experiences or what can we expect from this RFE. I am really worried and not sure what to expect. Also recently on 11/4 and 11/11 i saw LUd changes.

Important Events:
140 RD NOV2002. AD june2003.
485 RD Jan 2003. Done Fp1 and Fp2 in march 2003 and Fp2 in 4ht week of Sep2004.

Thanks
 
I left the company that sponsored me after 10 months of filing 485 and recently around august or sep2004 they sent a revokation request and then i filed my Ac21 details right away.
 
Wait for the RFE to arrive. Until you see it, we don't know what it is that USCIS wants. It can be any number of things like EVL, Pay stubs, W-2s, Tax returns, Medicals, Passport copy, I-94 copy, birth certificate... So hang in there and hope for the best...
 
as per the memo stated during August 2003 , USCIS expects a letter from you for invokation of AC21 106 (c) and new employer information to continue process your I-485 application even though your previous sponsoring employer revokes the approved I-140 for some reason, If you dont send USCIS sends NOID on your case and gives you 30 days to respond for information on your case.

As you mentioned if you already sent the letter and new employer details, there may be something else they needed OR they didnt even acknowledge the AC21 letter that you sent on your behalf.

I guess , it could be fairly a regular RFE for emp. letter, pay stubs, W-2 etc.,

Dont worry you are safe as per as i know
 
You are fine

May be a RFE or NOID. Since you meet AC21 requirements you need not worry. Prepare a paper and get in line with your lawyer
 
but my understanding is once approved 140 cannot be revoked by anybody??... in this case how can your employer revoke it???
 
rsannu2k said:
but my understanding is once approved 140 cannot be revoked by anybody??... in this case how can your employer revoke it???
Click to expand...
That is recent ruling after a law suit. Of course you are going to win if things go to that extent.
 
rsannu2k said:
but my understanding is once approved 140 cannot be revoked by anybody??... in this case how can your employer revoke it???
Click to expand...

The employer can ALWAYS revoke an approved I-140 if they no longer intend to employ the alien. I don't think that the recent ruling will hold up; it makes sense in the context of CPIV cases but not AOS.

Right now, if the employer revokes the approved I-140, USCIS will send out a Notice of Intent to Deny, which gives you 30 days to respond and invoke AC21 with the necessary evidence.

In some ways, if you are using AC21 it might speed up your I-485 approval.
 
Received RFE details...

They were looking for the usual. Paystubs fro 2 months, W2 and Federal Tax Return for the last year.
Probably since they recevied my AC21 documentataion when my previous emplyer sent a letter to revoke 140 after 14 months of apporval might have helped them to understand whats happening. Hopefully this will be the last RFE .

Thanks Everyone.
 
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