485 Denied after AC21 and 140 Revocation

Please tell

My AC-21 (same job , same salary) was invoked 8 months after I-140 approval and 2 years after 485 filing (looks very straight forward) but looking at GreenCardVirus's case I am a bit nervous (because in other forum he mentioned that after filing AC-21 lud was changed on all his case (140 and 485). Same happened to mine cases after revoking AC-21)

Also I am reiterating my question 'What is CST filing ?'
 
ranvir_usa said:
My AC-21 (same job , same salary) was invoked 8 months after I-140 approval and 2 years after 485 filing (looks very straight forward) but looking at GreenCardVirus's case I am a bit nervous (because in other forum he mentioned that after filing AC-21 lud was changed on all his case (140 and 485). Same happened to mine cases after revoking AC-21)

Also I am reiterating my question 'What is CST filing ?'
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CST (cybersofttech) is just name of a company. Everybody had problems with this company because USCIS blacklisted it for immigration fraud. I knew this because there is separate thread going in "Vermont 140 Issues" section.

Coming to AC21, some USCIS memos state that they should issues an RFE or a NOID before denying the case. In my case this did not happen. I think it is unfortunate for me that my case went to an officer who simply denied it.
 
hopes

I hope you should be fine after MTR and hopes my case would not be judged like this. Mine is in NSC and not VSC.
 
GreenCardVirus said:
CST (cybersofttech) is just name of a company. Everybody had problems with this company because USCIS blacklisted it for immigration fraud. I knew this because there is separate thread going in "Vermont 140 Issues" section.

Coming to AC21, some USCIS memos state that they should issues an RFE or a NOID before denying the case. In my case this did not happen. I think it is unfortunate for me that my case went to an officer who simply denied it.
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I am using AC21 and my previous employer revoked my I140 on 09/26/2005. I filed my EAD on september 2 2005 and NSC issued a RFE asking me to send the approved or receipt notice for my I140. I came to know that my I140 revoked based on this RFE. After responding to the query, i got my EAD approval yesterday.

Also i went to philly for interim EAD and the officer refused to give the interim EAD after she check my I140 revoked status. Then i showed the AC21 law and explained her couple of times. Finaaly after 3 hour discussion, her supervisor approved my interim EAD.

So i would recommond you to file MTR and also visit local district office to check the details. When i was there , one of the couple came to inquire about their 485 denial. The office checked the status and explain the details why it got denied and ask them to send the details to VSC again.

Best of luck.
 
ansivaraju said:
So i would recommond you to file MTR and also visit local district office to check the details. When i was there , one of the couple came to inquire about their 485 denial. The office checked the status and explain the details why it got denied and ask them to send the details to VSC again.
Best of luck.
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I called up VSC earlier. The lady who spoke was an immigrant herself. She knew the law of AC21 but could not help me. She asked me to file for MTR.
 
Let's clear the mess after I read all replies. If one is eligible AC21, one is fully protected by AC21 no matter approved I-140 revoked or not. If USCIS denied the case simply base on that, that's a mistake. One can win it back definitely. Fight for it!

But, but if there is any fraud from either employer or employee, then there is no chance for this case. Forget it!
 
Is VSC on denial mode . Check this out

Check http://www.immigrationportal.com/showthread.php?t=198611 . It seems another denial by mistake. Wondering if VSC officers are instructed to denly applications. :mad: They by doing this are giving us a does for heart attacks. Why cant they send an RFE or Noid. Something is very fishy.

It should be some strategy they are following or some new officers who does not know the law well. It so sad that our lives are in the hands of these people.

gc_vsc
 
gc_vsc said:
Check http://www.immigrationportal.com/showthread.php?t=198611 . It seems another denial by mistake. Wondering if VSC officers are instructed to denly applications. :mad: They by doing this are giving us a does for heart attacks. Why cant they send an RFE or Noid. Something is very fishy.

It should be some strategy they are following or some new officers who does not know the law well. It so sad that our lives are in the hands of these people.
gc_vsc
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It is the problems you face.

1. You got to fear your lawyer does a good job.
2. You have to fear you MTR gets accepted
3. You have to stop working (subject to different interpretations), lost pay.
4. Your MTR much be accepted in time, some times it takes long time.
5. Shell out that extra money for lawyers.
6. Can't travel.
7. Can't sleep or work or enjoy anything.

Ideally they should give 3 months time without cancelling EAD/AP during which we can try resolving this issue.
 
how did you AC21 law to the officer?

Ansivaraju,

How did you show AC21 law to the officer?

How did you convince them?

Did you take some documentation along with you?

What is your current status of I-140?

Can you point me to a link which has AC-21 law?




"Also i went to philly for interim EAD and the officer refused to give the interim EAD after she check my I140 revoked status. Then i showed the AC21 law and explained her couple of times. Finaaly after 3 hour discussion, her supervisor approved my interim EAD."


KBN
 
I just knew this.

VSC allows you to request expedited processing if you think that the action on a certain case is USCIS error.

This should be used sparingly as VSC denies expedited processing in most cases they dont see any merit.

for link, search google. vsc+mtr+expedited
 
kbn_gc said:
Ansivaraju,

How did you show AC21 law to the officer?

How did you convince them?

Did you take some documentation along with you?

What is your current status of I-140?

Can you point me to a link which has AC-21 law?




"Also i went to philly for interim EAD and the officer refused to give the interim EAD after she check my I140 revoked status. Then i showed the AC21 law and explained her couple of times. Finaaly after 3 hour discussion, her supervisor approved my interim EAD."


KBN
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AC21 act: I downloaded the PDF from Uscis web site. My I140 was revoked on 09/23/2005. Since i did an attempt to Philly, i prepared every documents including,
copy of change employment notification,
Labor approval,
I140 receipt notice & approval notice,
Employer support letter,
Copy of response sent for EAD RFE,
I485 receipt notice and all my previous EAD.

The officer initially refused to give the EAD because of my I140 status. I immediately shown the AC21 act printout and told her that it is the law passed by uscis and i am using this law to maintain the legal status for the past 2 year.

Again she didn't listern to any of the papers. I used couple of terminalogy like home land security department and other departments.

Finally she was angry about me and ask me to show where exactly the law shows that a candidate is eligible for EAD after his I140 had been revked.

Fortunately, that was bolded on the secod page of the document and also i high loghted couple of lines. She read those likes without showing any interest and refused me that this is not uscis law and ask me where did i get this copy. Then i showed the first page which states the act and the header says US department of bla, bla.

Then she discused with his supervisor and ask me to give all the documents related to my GC processing.

Finally, she stamped as Approved on my I765 form and kept my expired EAD's and ask me to come and collect the card after 12/22/2005.

BTW, Yesterday both mine and my spouse original EAD got approved in NSC. So i am going to cancel the philly apointment to collect the interim EAD.
 
ansivaraju said:
AC21 act: BTW, Yesterday both mine and my spouse original EAD got approved in NSC. So i am going to cancel the philly apointment to collect the interim EAD.
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After 140 was revoked, what happened on 485. Did you get a noid or rfe or denial or none? Please share your story.
 
My case is kinda simillar ...... I140 approved 2002, I485 > 80 days when changed job.

My Lawyer with Company A is convicted with immigration fraud.

Got DENIAL letter stating that USCIS has revoked I-140 because of that Lawyer's conviction. Also USCIS requested a few docments DIRECTLY from my Ex-employer which (ex-employer) DID NOT respond, therefore I 140 is revoked and I485 denied.

I talked to another Lawyer who will help me resolve this. New Lawyer said he will prepare MTR and some paperwork where I would have to have verified by my Ex-employer and have em notarised and then will submit to USCIS. Its kinda Affidavit that my case was genuine by the employer.

Lets see how it goes from here
 
My case is kinda simillar ...... I140 approved 2002, I485 > 80 days when changed job.

My Lawyer with Company A is convicted with immigration fraud.

Got DENIAL letter stating that USCIS has revoked I-140 because of that Lawyer's conviction. Also USCIS requested a few docments DIRECTLY from my Ex-employer which (ex-employer) DID NOT respond, therefore I 140 is revoked and I485 denied.

I talked to another Lawyer who will help me resolve this. New Lawyer said he will prepare MTR and some paperwork where I would have to have verified by my Ex-employer and have em notarised and then will submit to USCIS. Its kinda Affidavit that my case was genuine by the employer.

The letter does not say about cancelled EAD .. and the Lawyer also did not say anything about EAD ...

Lets see how it goes from here
 
Since my 485 was denied, even my dependent spouse's 485 application was also denied.

To file for MTR, should I send 2 different checks, one for each application or just one check is enough?
 
strangely you want to take chances??

GreenCardVirus said:
Since my 485 was denied, even my dependent spouse's 485 application was also denied.

To file for MTR, should I send 2 different checks, one for each application or just one check is enough?
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GreenCardVirus said:
Since my 485 was denied, even my dependent spouse's 485 application was also denied.

To file for MTR, should I send 2 different checks, one for each application or just one check is enough?
Click to expand...

Since I will be filling MTR, My lawyer toldme to give 2 seperate checks for myself and my wife.
 
gc_vsc said:
It should be some strategy they are following or some new officers who does not know the law well. It so sad that our lives are in the hands of these people.

gc_vsc
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Trust me....I called up USCIS to check in if my NY-DOL issued letter is enough to extend my 8th yr H1 or do we need a screenshot from the Backlog center, i was dumbfounded when they asked me what is DOL and Backlog center and screenshot.. I had to explain each and every step...

or maybe our world ends only with H1's, BEC screenshots, 140's, they deal with what all god knows..but our future and life until that moment depends on them...

untold miseries of being a legal immigrant..
 
StressTestInUSA said:
Trust me....I called up USCIS to check in if my NY-DOL issued letter is enough to extend my 8th yr H1 or do we need a screenshot from the Backlog center, i was dumbfounded when they asked me what is DOL and Backlog center and screenshot.. I had to explain each and every step...

or maybe our world ends only with H1's, BEC screenshots, 140's, they deal with what all god knows..but our future and life until that moment depends on them...

untold miseries of being a legal immigrant..
Click to expand...

When faced with such person, it is better to hang up and call again. There is no point in explaining everything.
 
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