485 Denied after AC21 and 140 Revocation

G

GreenCardVirus

Registered Users (C)
Looks like my former employer revoked the approved I-140 and VSC denied my 485 application.

I filed concurrently in June 04 and changed jobs using AC21 in Oct 2005. My new lawyer sent the AC21 documentation in Oct/Nov. There were LUD changes mid of November on 140/485.

I got a denial letter saying that my immigraiton petition has been revoked "former employer"

I'll be talking to my current lawyer and see what to do next. I don't have any backup H1, I was working on EAD.

Next step probably is filing for a MTR/Appeal. I wonder what my EAD and immigration status currently is.

My case seems clean AC21 one, but I am very scared.
 
AC21 really looks risky, hope your lawyer can do the magic

go for a good one even if it costs extra $$$ as you won't get another chance if the appeal is denied
 
Important

Hi GreenCardVirus ,
What documents you sent when you file AC21 ? I am in same situtation where I see last updated date changed on all of my cases.
Thanks
 
GreenCardVirus said:
Looks like my former employer revoked the approved I-140 and VSC denied my 485 application.

I filed concurrently in June 04 and changed jobs using AC21 in Oct 2005. My new lawyer sent the AC21 documentation in Oct/Nov. There were LUD changes mid of November on 140/485.

I got a denial letter saying that my immigraiton petition has been revoked "former employer"

I'll be talking to my current lawyer and see what to do next. I don't have any backup H1, I was working on EAD.

Next step probably is filing for a MTR/Appeal. I wonder what my EAD and immigration status currently is.

My case seems clean AC21 one, but I am very scared.
Click to expand...
Your 485 is denied "only because of 140 revokation". I dont think it has anything to do with AC-21.

I assume your 140 was not revoked when u filed for AC-21. File a MTR stating you have used AC-21 after 180 days of 485 which is allowed by AC-21 law. I think u should be fine. Good Luck.
 
ranvir_usa said:
Hi GreenCardVirus ,
What documents you sent when you file AC21 ? I am in same situtation where I see last updated date changed on all of my cases.
Thanks
Click to expand...

Just a letter stating the 485 Receipt#, A#, New Job title, salary, and saying that the applicant is using AC21 and the new job is similar to old job and that the new job is permanent.

Apart from that the new lawyer needs to G-28. In my case even though the lawyer sent it, it never got updated on the 485 application. It still shows the old lawyers name.
 
fast_gc_seeker said:
Your 485 is denied "only because of 140 revokation". I dont think it has anything to do with AC-21.

I assume your 140 was not revoked when u filed for AC-21. File a MTR stating you have used AC-21 after 180 days of 485 which is allowed by AC-21 law. I think u should be fine. Good Luck.
Click to expand...

FGS, Is there is time limit on how soon should I file for MTR? Also I was working on EAD, so what is my status now. I dont have any H1 for the new employer. Shold I stop working for wait for revocation of the EAD?

Thanks
 
GreenCardVirus said:
FGS, Is there is time limit on how soon should I file for MTR? Also I was working on EAD, so what is my status now. I dont have any H1 for the new employer. Shold I stop working for wait for revocation of the EAD?

Thanks
Click to expand...
well, as soon as ur 485 is denied EAD is also automatically denied & is invalid. I believe that at present if u r working on EAD its illegal.

I suggest you stop working, consult an attorney to file MTR ASAP. Good Luck.
 
fast_gc_seeker said:
well, as soon as ur 485 is denied EAD is also automatically denied & is invalid. I believe that at present if u r working on EAD its illegal.

I suggest you stop working, consult an attorney to file MTR ASAP. Good Luck.
Click to expand...

FGS,

Does the new lawyer need my immigration file from my old lawyer. I dont know what is it that my lawyer wants to see?
 
GreenCardVirus said:
FGS,

Does the new lawyer need my immigration file from my old lawyer. I dont know what is it that my lawyer wants to see?
Click to expand...

GreenCardVirus, I believe you were filed through CST. If yes, MTR stands no chance. It was a employer fraud so MTR wouldn't help. Don't waste time in MTR rather try to get 365+ old days labor to get back on H1-B status.
 
dyingforgc said:
GreenCardVirus, I believe you were filed through CST. If yes, MTR stands no chance. It was a employer fraud so MTR wouldn't help. Don't waste time in MTR rather try to get 365+ old days labor to get back on H1-B status.
Click to expand...

No, mine is not CST.
 
GreenCardVirus said:
No, mine is not CST.
Click to expand...

Then your case looks straight forward. May be USCIS didn't receive your AC21 documents until they revoked your application. Re-send AC21 documentation while you file MTR.
 
beleive even H1 beyond 6th yr based on this would have been voided too

Act fast think you have 30-45 days only for mtr from date of denial
GreenCardVirus said:
FGS, Is there is time limit on how soon should I file for MTR? Also I was working on EAD, so what is my status now. I dont have any H1 for the new employer. Shold I stop working for wait for revocation of the EAD?

Thanks
Click to expand...
 
nato said:
Act fast think you have 30-45 days only for mtr from date of denial
Click to expand...

Thanks Nato,

My new lawyer says she can file for a H1 transfer based on the approved labor from previous company. I dont believe it can be the basis for H1. Is this true? Its been only 2 months since and I have paystubs till Oct31 from previous employer, I used to work on H1 with them.
 
Hi dyingforgc,

What is that matter if once if filled with CST. After 180 days of 140 and 485 pllied and 140 is approvod anyone can swicth a job.
 
baby_mde said:
Hi dyingforgc,

What is that matter if once if filled with CST. After 180 days of 140 and 485 pllied and 140 is approvod anyone can swicth a job.
Click to expand...

Do you have any idea what happened with CST and any details about their fraud? go to vermont center forum and read the entire thread to help yourself.
 
Must be an error of USCIS

I was checking on the uscis site and came across this linkttp://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf and accroding to page$ it clearly states that if 140 is revoked after I-485 pending more that 180 days, will remain valid if the jobs are same or similar.

I suppose USCIS must had denied by error. Also looking at your previous post you had mentioned that your message on your 140 changed to say something about Consular processing.

Did you check with your lawyer. What did he say.



gc-vsc
 
if your I-94 didnot expire then you would get an extension here, else you may have to go for stamping but your H1 transfer would surely be approved even if 2 months have expired on your I-94.

Check the MTR file time also 30 days?, I have seen the threads in this forum where MTR was denied because it was filed late, don't depend on lawyers these are the worst breed, just today one of my friends EB2 PERM filling was delayed and the sept 30th deadline was missed, which if lawyer had not delayed was a sure shot before retro file, now when the PERM got approved it had all the wrong data and had to be withdrawn, so they filed PERM again and this time again the dates are wrong and ads / job order expired putting my friend to a loss of over 1K for the ads itself, not to mention the loss due to missing 30th sept that he has to wait for 5 yrs before the EAD can be filed, my GC paper work was done by my lawyer in a matter of 8 hrs and I sat with him till midnight to meet the deadline and see through it personally all the way.

so bottom line just focus on this leave everything else, camp on with lawyer, make sure all the necessary action is done today.
GreenCardVirus said:
Thanks Nato,

My new lawyer says she can file for a H1 transfer based on the approved labor from previous company. I dont believe it can be the basis for H1. Is this true? Its been only 2 months since and I have paystubs till Oct31 from previous employer, I used to work on H1 with them.
Click to expand...
 
Did you file AC-21 after 180 days? and when did you do it?

Hey ranvir,

Is you I-140 approved before you invoked AC-21?

Did you change your lawyer and was your I-485 updated?

Your experience will greatly help others in the same situation.

I was planning to invoke so please post your information

Thanks,
KBN
 
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