!40 Revoked .. 485 Intent to Deny...

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Struggle_for_GC

Registered Users (C)
Guru's,
Any suggestions on my peculiar situation

I am working for company A and my company A's Labor had been struck for a long time and my 6 yr limit was coming up by the end of 2003, so i went ahead and applied through company B with a substitite Labor and filed for my 140/485 in Sept 2003, and my 140 of company B got approved in Jan'2004. In the meantime i was still working for company A and my company A had filed for a 7th year H1B extension in Nov 2003. and in Feb 2004 company A's LC got approved and company A asked me to file 140/485. I talked to company A's lawyer and he said it was OK to have 2 485's pending and USCIS will issue a RFE at some stage as to which 485 i would like to take... so i went ahead and filed for 140/485 from company A in May 2004.

Just heard today from the company B, that my 140 got revoked and when i called USCIS, they told me that they send a revocation letter to company B of my 140, and they sent a NOID of my 485 to me. I still did not receive my NOID.

Should I ask company B to file a MTR, or dont do anything and let the company A's 140/485 take over.. but would that cause a problem later. Also i am using the EAD of company B's 485 and am still working in company A... Am lost.. any help is greatly appreciated.... :confused:
 
Struggle_for_GC said:
Guru's,
Any suggestions on my peculiar situation

I am working for company A and my company A's Labor had been struck for a long time and my 6 yr limit was coming up by the end of 2003, so i went ahead and applied through company B with a substitite Labor and filed for my 140/485 in Sept 2003, and my 140 of company B got approved in Jan'2004. In the meantime i was still working for company A and my company A had filed for a 7th year H1B extension in Nov 2003. and in Feb 2004 company A's LC got approved and company A asked me to file 140/485. I talked to company A's lawyer and he said it was OK to have 2 485's pending and USCIS will issue a RFE at some stage as to which 485 i would like to take... so i went ahead and filed for 140/485 from company A in May 2004.

Just heard today from the company B, that my 140 got revoked and when i called USCIS, they told me that they send a revocation letter to company B of my 140, and they sent a NOID of my 485 to me. I still did not receive my NOID.

Should I ask company B to file a MTR, or dont do anything and let the company A's 140/485 take over.. but would that cause a problem later. Also i am using the EAD of company B's 485 and am still working in company A... Am lost.. any help is greatly appreciated.... :confused:
Click to expand...
You can have as many 140s pending as you want, but no more then 1 485 pending at a given point of time.

If company B's 485 is denied, so will the EAD. If you have applied for EAD from company A, then you can use that EAD to continue working. If you have not yet, then please apply immediately. The other option is that you also persue Company B's 485, but if you want to let it go, get Company A's EAD and start working on that.
 
Dazzling,
I understand there should be one 485 pending with USCIS.....

But for people where the Wife and husband are working for different company and they both applied for 140/485 from their respective companies. In those situation there will be two 485's pending with their respective companies. How does the situations like that will be handled.

I know you can link two 140's to the same one 485 instead of applying multple 485's. But not sure what the process is .?

Can any one answer to my question.
 
Dazzling,
thanks for the response back..
I am trying to contact the lawyer from company B and see if he will file a MTR. If he does can i ask him to state the "firstland" case.If i join company B.. is it a winning case? should i even try to fight it.. or just let it go...

if company b does not agree the only option is to file for EAD from company A and keep working.. but would it cause a problem later when the other service
center opens the 140/485...

thanks for shedding some light on my confused state of mind..:)
 
By applying I-485 you are promising company that you will join him after the approval. You cannot promise multiple companies. But if it is dependent it is OK.

Other thing is EAD. EAD depends upon the pending I-485 It is not separate for each I-485. Even In this case if one I-485 is denied his EAD is still valid based upon other pending I-485.


If they have issued NOID They are asking for employment letter from any other company for same or similar job.
 
You should not have applied 2 485. At one time only one 485 can be pending. Even both spouse are working you may file multiple 140 but not 485. Based on your new 140/485 your previous docs were revoked.
 
If i file MTR from company B.. would it automatically then revoke my 140/485 from company A... or can i wait and see if they accept my MTR and if they do then can i withdraw the 485 from company A.
will they accept my MTR? if i join company B ... or is there a case for not accepting?

Thank u all for helping me...
 
Struggle_for_GC said:
If i file MTR from company B.. would it automatically then revoke my 140/485 from company A... or can i wait and see if they accept my MTR and if they do then can i withdraw the 485 from company A.
will they accept my MTR? if i join company B ... or is there a case for not accepting?

Thank u all for helping me...
Click to expand...
I would think that in your case you should have only one 485 is active state (either MTR or no MTR). The best option for you is to file for EAD for Company A. Why are you trying to put your leg in one boat, hands in another and possibly mouth in both, woont work. You have to decide either way.


As far as your question is concerned:
1. You cannot have more then one 485 pending at the same time.
2. If you do have, it is advised to withdraw one. One fine day USCIS will discover your pending 485, and decide to reject one (whichever one they choose).
3. Everything is attached to your A#. So it is very easy for them to find out what you are doing by just querying on you A#.

If by any chance you have 2 A#s, then you are something man !!!
 
Struggle_for_GC said:
Guru's,
Any suggestions on my peculiar situation

Just heard today from the company B, that my 140 got revoked and when i called USCIS, they told me that they send a revocation letter to company B of my 140, and they sent a NOID of my 485 to me. I still did not receive my NOID.
Click to expand...

Not to disturb the flow of this thread, but just wanted to clarify something. As in the quote above, you mention that "140 got revoked". Revoke is a term used when the sposering employer intentionally revokes the 140. Did you mean to write "140 got denied". Are you sure that B did not revoke it?
 
Pretty simple

Get a letter from employer 'A' and show that it is same and similar job with matching wages and submit to the NOID response.

You are fine and will get approved once you are ready for adjudication and once you are approved call off the I-485 which you filed through your employer 'A'
 
received fax from employer B's attorney today.. about 485 NOID. It says "140 revoked"..and gave the option of AC21.But my employer B says the 140 revoked by USCIS,when they say my second 140/485

I dont understand if USCIS revoked my 140 as they saw my second 140/485.. why did they give the choice of AC21 and not deny my 485.. something smelly fishy here. My Employer B must have withdrawn the 140...

any thoughts? ...

I am actually taking to my lawyer from company A.. and see what he says.. if he will use AC21 or not?

Thanks
 
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