485 Denied after AC21 and 140 Revocation

Paging Ranvir..

Hi Ranvir,
You said LUDs on all the applications have been changed. I am also in the same boat. All mine and my wife's applications Including 1st EAD and 1st AP, I-140 , I-485 changed yesterday. I know this is not good. I could not get hold off my previous company manager yet. I am trying hardly to get hold off him. Did all your previous approved cases also have LUD changes? What happened to your case. I could not find any details on your case. If you can help me that will be great. I used Ac21 after 140 approval and 180+ days past 485. If you can give some information that will be great.
Thanks in advance
KK

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...
 
GreenCardVirus said:
When planning job change under AC21, single most important this is to get exact Job Description, Job duties, Job Eligibilities (EB category) and Salary on the Labor Certification. It is fine even if you dont have the exact labor certification document.

You need this because you have to show to USCIS that your new job is similar to the one offered when applying for GC. When you applied for labor, you must have signed couple of forms. You can pick the Job title and duties from there. For Pay, you can get it from some labor dept websites for that state. There is also a thread (sticky) on finding prevailing wage. It will be standard for your category and job title. example EB2, CT, Masters is 80k.
(all these are suggestions, in my case I had the labor certification copy).

People suggest lot of stuff but most of the information is already with USCIS, like 140 approval, 485 receipt notice etc. If you have the Receipt Number, dont forget to take a print out of the current status from the USCIS website.
Click to expand...

Here is the thing. if I do switch, I shall switch to a friends company doing similar work but at a higher (position and salary) bracket. But we can work with their HR to write the right stuff. Even the job title can be worked on. The other option for me would be taking up a consulting opportunity where again I shall be doing similar work but instead of working for one company...consulting and doing the same work..but the salary shall be much more..is that OK? So say instead of 80K..might be 125K. is that ok?
 
Reply for KK

KK,
After LUD changes on all cases everything is quite. I spoke with lawyer and she told me that it is not wise to guess anything but wait if any info comes directly from USCIS. Now 2 months have passed since changes in LUD. So I am quite and at peace.





------------
Hi Ranvir,
You said LUDs on all the applications have been changed. I am also in the same boat. All mine and my wife's applications Including 1st EAD and 1st AP, I-140 , I-485 changed yesterday. I know this is not good. I could not get hold off my previous company manager yet. I am trying hardly to get hold off him. Did all your previous approved cases also have LUD changes? What happened to your case. I could not find any details on your case. If you can help me that will be great. I used Ac21 after 140 approval and 180+ days past 485. If you can give some information that will be great.
Thanks in advance
KK
 
Thanks Ranvir.. I will also do the same.. btw .. did your LUD change for two days or one day?
KK
 
Last edited by a moderator:
LUDs

If you are interested in LUDs

I had LUD on both 485's (me and spouse) on the day I got email that they were re-opened by BCIS motion

485 (both) - 1/9/2006 (Message=reopened by BCIS)
485 (both) - 1/10/2006 (no message change)

485 (primary) - 1/16/2006 (no message change)
140 - 1/16/2006 (no message change)

485 (primary) - 1/17/2006 (no message change)
140 - 1/17/2006 (no message change)

My MTR is still pending.

I am going to call VSC in a couple of days and see what exactly is going on, just to make sure.
 
Last edited by a moderator:
GreenCardVirus said:
If you are interested in LUDs

I had LUD on both 485's (me and spouse) on the day I got email that they were re-opened by BCIS motion

485 (both) - 1/9/2006 (Message=reopened by BCIS)
485 (both) - 1/10/2006 (no message change)
485 (primary) - 1/16/2006 (no message change)
140 - 1/16/2006 (no message change)

My MTR is still pending.

I am going to call VSC in a couple of days and see what exactly is going on, just to make sure.
Click to expand...
From my own experience I can tell you that your 485 re-opened due to your MTR. The 290-B status will not change and will just say "..received on xyz date...". I can say this because my 140/485 were re-opened and approved after 290-B (MTR/appeal) and the 290-B still say received. My 140/485 message was also ".... re-opened on BCIS motion....."
Congratulations for re-opening of your case.
 
GreenCardVirus said:
If you are interested in LUDs

I had LUD on both 485's (me and spouse) on the day I got email that they were re-opened by BCIS motion

485 (both) - 1/9/2006 (Message=reopened by BCIS)
485 (both) - 1/10/2006 (no message change)
485 (primary) - 1/16/2006 (no message change)
140 - 1/16/2006 (no message change)

My MTR is still pending.

I am going to call VSC in a couple of days and see what exactly is going on, just to make sure.
Click to expand...
Hey GCV,
Is LUD change on AP and EAD too? When you got the NOID or denial? Now also did LUD change on AP and EAD?
Thanks
KK
 
EricS said:
From my own experience I can tell you that your 485 re-opened due to your MTR. The 290-B status will not change and will just say "..received on xyz date...". I can say this because my 140/485 were re-opened and approved after 290-B (MTR/appeal) and the 290-B still say received. My 140/485 message was also ".... re-opened on BCIS motion....."
Congratulations for re-opening of your case.
Click to expand...

I got 2 notices in mail today on official USCIS sheet (like the receipt notice we get). Action of these are dated the same day I got email for case re-opening. (the denial was just on letter head

The exact message is:

"after review, we have reopened the above application or petition, or reconsidered the decision previousely issues. You will receive a notice under a separate cover once all action has been completed"

Whether this is because of my MTR, I'll have to wait and see.

One big hurdle is passed. Back to Namecheck pain.
 
kriskish said:
Hey GCV,
Is LUD change on AP and EAD too? When you got the NOID or denial? Now also did LUD change on AP and EAD?
Thanks
KK
Click to expand...

I just checked them, no LUD or message change on EAD/AP. They are still dated June 2005 (date of approval).

If the officer who denied my 485 did not know about AC21, they he/she probably was not aware of EAD/AP.
 
Mtr/motic

GreenCardVirus,

Let me wish you good luck first.

My MTR/MOTIC to open I-485, I received denail letter after 180 days of pending.

If you are fine with you GC employer, would you please mention in the reply.

Thanks,
A Victim of Cybersoftec

GreenCardVirus said:
If you are interested in LUDs

I had LUD on both 485's (me and spouse) on the day I got email that they were re-opened by BCIS motion

485 (both) - 1/9/2006 (Message=reopened by BCIS)
485 (both) - 1/10/2006 (no message change)
485 (primary) - 1/16/2006 (no message change)
140 - 1/16/2006 (no message change)

My MTR is still pending.

I am going to call VSC in a couple of days and see what exactly is going on, just to make sure.
Click to expand...
 
More info on my case:
Had LUD's on 01/18/2006 on these cases
485 (me), 140, MTR(me), MTR(spouse)

No LUD on spouses 485.

Looks like someone is working on MTR. I guess I will know soon if the case was re-opened by BCIS motion or my MTR.
 
I had an LUD on 01/27/2006 on my 485's. I went for InfoPass to find out the current status.

Nothing has changed, the status-quo (485 open and pending) is intact.
 
Guys, I have a question regarding my Advance Parole. Since my 485 is denied and re-opened, is my AP still valid and intact? It is safe to travel within the validitity of AP?

I never received any revocation letters for EAD or AP when the 485 was denied.

Thanks
 
Any news abt your MTR

GreenCardVirus said:
Guys, I have a question regarding my Advance Parole. Since my 485 is denied and re-opened, is my AP still valid and intact? It is safe to travel within the validitity of AP?

I never received any revocation letters for EAD or AP when the 485 was denied.

Thanks
Click to expand...

Any updates on your case?
Please reply.
I received RFE on 485 asking AC21.

minicooper
 
minicooper said:
Any updates on your case?
Please reply.
I received RFE on 485 asking AC21.

minicooper
Click to expand...

Hi Minicooper,
If you can give more details about RFE and details that will be great.
Thanks
KK
 
NOID on 485

I recieved a NOID on 485, as my previous employer revoked approved 140.


In the notice they asked me to send a letter saying 'to consider my application under AC21 106(c) and a employment letter from my current employer abt job desscription,duties remuneration and prospect of continued employment.

they also said as per AC21 106(c) I may still adjust status If my application is pending for 180 days or more and If I can establish that I have a bona fide offer of employment from my new employer in a same or similar occupation.

Looks pretty straight forward right.

My details:
Eb3,PD april2003,
140/485/ead/ap ND:01/05/2005
140 AD 01/31/2005
changed employer 03/01/2005
140 revoked 12/07/2005
NOID ND: 03/07/2006
has to reply NOID with in 30 days.

My problem is I changed employer before 180 days of 485 pending.
some say its not a problem at all.
But some say I can't change job before 180 days of 485 pending.

Right now looking for good lawyer who can do good justice to my case.
Let me know if you know anyone who deal with situations like this.

Minicooper.
 
Minicooper --
How did you find out your I140 got revoked? Did they send you a notice of the revocation and did the online status of your approved I140 change? Thanks.
 
There is no exception with the 180 rule ..... UNFORTUNATELY

Can you "somehow" prove that you left that job after 180 days. Think of a way.

Wish you good Luck
 
prey4gc said:
Minicooper --
How did you find out your I140 got revoked? Did they send you a notice of the revocation and did the online status of your approved I140 change? Thanks.
Click to expand...

The message on 140 changed for me but it was some strange message, probably a mistake by an officer. I asked my old company and they said they revoked 140.
 
Cheekoo said:
There is no exception with the 180 rule ..... UNFORTUNATELY

Can you "somehow" prove that you left that job after 180 days. Think of a way.

Wish you good Luck
Click to expand...

I am not sure at what point of time they will check that you left after 180 days. In my case, I had passed 180 days when 140 was revoked by the former employer.

You could say I just left the old company few weeks before it was revoked and show new pay stubs from new company. My wild guess is that they will ask for additional documents when the 485 is due for adjudication. They might ask for paystubs from the old company till the 180 day mark.
 
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