485 Denied after AC21 and 140 Revocation

Had anyone filed a Lawsuit for these wrong denials

Had anyone filed a lawsuit against USCIS for denying a application by mistake.

Just curios .

gc_vsc
 
gc_vsc said:
Had anyone filed a lawsuit against USCIS for denying a application by mistake.

Just curios .

gc_vsc
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What is the incentive to do so. It is cheaper to file a MTR. I seriousely doubt anyone has sued USCIS seeking justice and also seeked compensation for financial losses.
 
Can any one please tell how long does USCIS take to make a first response (with case number)?

Also, is there a specific form for MTR for 485?
 
Cheekoo said:
My case is kinda simillar ...... I140 approved 2002, I485 > 80 days when changed job.
The letter does not say about cancelled EAD .. and the Lawyer also did not say anything about EAD ...
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eventhough letter doesn't say anything about EAD cancellation, it's no more valid from the day I-485 denied. If your lawyer say you can continue using EAD then he is completely wrong.
 
dyingforgc said:
eventhough letter doesn't say anything about EAD cancellation, it's no more valid from the day I-485 denied. If your lawyer say you can continue using EAD then he is completely wrong.
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If the lawyer has strong proof that USCIS acted in error and against the law, then I don't think it will be a problem to continue working.

Look at this way. You can start working for a new employer after H1 transfer is filed. But if for any reason the H1 is denied, then the period you worked for new employer is considered illegal.

Similar way, if 485 is denied and then later reopened, then the period of out-of-status becomes in-status. So, why not same thing applies for EAD?

Look an another way. How can you say your EAD is invalid after 485 is denied? Because your lawyer said so - based on existing law, not based on actual letter from USCIS.

I see very few lawyers who advise you to take risks. Lawyers advise you only based on a worst case scenarios, because at the end of the day they dont want to take any responsibility.
 
GreenCardVirus said:
Look at this way. You can start working for a new employer after H1 transfer is filed. But if for any reason the H1 is denied, then the period you worked for new employer is considered illegal.
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Nope. not correct. since h1-b transfer application was pending you were LEGAL in status. Same as pending AOS. If your I-485 is denied and imagine you didn't have h-1 as backup. did it mean you were out-of-status from the day you file I-485? Answer is NO. your interpretation and comparision is wrong.
GreenCardVirus said:
Look an another way. How can you say your EAD is invalid after 485 is denied? Because your lawyer said so - based on existing law, not based on actual letter from USCIS.
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EAD was provided to you based on your pending AOS application (I-485). The moment underlying application is denied it automatically invalidates any and all dependent documents/applications.
 
Thanks for the replies.

Can I salvage my priority date if my new company files for a labor certification, even if the I-140 is revoked by my old company?

This is just a theoritical question as in my case I dont think I can get back on H1 now (used EAD and 8.5 years on H1). I was thinking of going for consular processing later if I can keep my PD (EB2, Jun'02)
 
GreenCardVirus said:
Thanks for the replies.

Can I salvage my priority date if my new company files for a labor certification, even if the I-140 is revoked by my old company?

This is just a theoritical question as in my case I dont think I can get back on H1 now (used EAD and 8.5 years on H1). I was thinking of going for consular processing later if I can keep my PD (EB2, Jun'02)
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you could keep your priority date only when your previous I-140 remains approved/valid while your new I-140 gets approved. Both I-140 need to be approved that's when you could retain original PD.
 
GreenCardVirus, just to get info...

i have seen your case..believe me i am really sorry to hear about urself.

can you please let us know(if you do not have any problems) what you are going to do further.i mean are you going to continue to stay here ?.
what does your lawyer says....?
was there any specific reason your employer revoked your 140, and after how much time he revoked it....

thank you
 
ucissucks said:
can you please let us know(if you do not have any problems) what you are going to do further.i mean are you going to continue to stay here ?.
what does your lawyer says....?
was there any specific reason your employer revoked your 140, and after how much time he revoked it....
thank you
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-- Filed for MTR
-- Lawyer asked me to continue to work (company listens to lawyer)
-- why was 140 revoked? Because the labor will be be sold.
 
GreenCardVirus said:
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.
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This is not clear. How do you know that G-28 was filed ? Your next post suggest that new lawyer wants to see the files from old lawyer ! If G-28 is filed then your lawyer is going to get those file.
Did you sign any document when G-28 was filled? What is your old and new job description ? Do you know what is stated on labor ?

An LUD on approved I-140 is sure sign of 485 denial ( or revocation, 99 % cases ). Hope that you get out of it successfully. As your lawyer has suggested you to continue your work I believe that he/ she is very positive about MTR acceptance. If AC21 is applicable why your lawyer is trying to file H1 ?
 
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485 Denied after AC21 and 140 Revocation --What abt 7th year H1 in this case??

Friends,

My previous employer is threeatening to revoke my I-140. I moved using AC 21, and filed the papers and G-28. However my 7 th yr H1 on the basis of which I am employed is based on that I-140 and GC process. Wouldnt my H1 be invalid if the I-140 is revoked. How would USCIS come to know of this. Gurus Pls advise.
 
RandomRomeo said:
Friends,

My previous employer is threeatening to revoke my I-140. I moved using AC 21, and filed the papers and G-28. However my 7 th yr H1 on the basis of which I am employed is based on that I-140 and GC process. Wouldnt my H1 be invalid if the I-140 is revoked. How would USCIS come to know of this. Gurus Pls advise.
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You have EAD right. If that is the case, who care :)
If not, I don't know it is an open issue and you don't want to have it happens on you.
 
MD_Rockville said:
This is not clear. How do you know that G-28 was filed ? Your next post suggest that new lawyer wants to see the files from old lawyer ! If G-28 is filed then your lawyer is going to get those file.
Did you sign any document when G-28 was filled?

==> you wont know if G-28 is properly received until USCIS responds to the new lawyer for any reason. They wont send a confirmation of g-28 receipt.

What is your old and new job description ? Do you know what is stated on labor ?
==> yes

An LUD on approved I-140 is sure sign of 485 denial ( or revocation, 99 % cases ). Hope that you get out of it successfully. As your lawyer has suggested you to continue your work I believe that he/ she is very positive about MTR acceptance. If AC21 is applicable why your lawyer is trying to file H1 ?
==> No, that was my question. My lawyer is not filing H1 even though she initially suggested. Already this MTR is becoming very expensive (nearly 4K, 2 checks for $385 for mine and spouses 485 MTR and lawyer fees)
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MD_Rockville said:
This is not clear. How do you know that G-28 was filed ? Your next post suggest that new lawyer wants to see the files from old lawyer ! If G-28 is filed then your lawyer is going to get those file.
Did you sign any document when G-28 was filled? What is your old and new job description ? Do you know what is stated on labor ?

An LUD on approved I-140 is sure sign of 485 denial ( or revocation, 99 % cases ). Hope that you get out of it successfully. As your lawyer has suggested you to continue your work I believe that he/ she is very positive about MTR acceptance. If AC21 is applicable why your lawyer is trying to file H1 ?
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Hi MD_Rockville,
I have changed employer after 180 days and sent AC21 papers but about 3 months later after sending AC21 the LUD's changed for approved 140 and all 485's (me and family) with no message change. This happenned on nov28 2005 .But neither me or my lawyer have received anything .could u suggest what could this mean.

Thanks
GC process
 
Wow. This is scary. Under what circumstances can the employer revoke the 140 even when it has been approved? Just a nasty play on their part or is it common? I am looking forward to using AC21 in the future but this scares me. If one did wait for over 180 days, isn't that legal for the petitioner and USCIS should be OK with that?
 
GC process said:
Hi MD_Rockville,
I have changed employer after 180 days and sent AC21 papers but about 3 months later after sending AC21 the LUD's changed for approved 140 and all 485's (me and family) with no message change. This happenned on nov28 2005 .But neither me or my lawyer have received anything .could u suggest what could this mean.

Thanks
GC process
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Better call USCIS if you think your previous emloyer is going to revoke 140.
 
dcmetro22042 said:
Wow. This is scary. Under what circumstances can the employer revoke the 140 even when it has been approved? Just a nasty play on their part or is it common? I am looking forward to using AC21 in the future but this scares me. If one did wait for over 180 days, isn't that legal for the petitioner and USCIS should be OK with that?
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Labor Certification can be recycled (legal loophole). I was reading about post on 140 revocation. This was already a substitute labor. This could mean that the labor was being recycled for 3rd time.
 
GreenCardVirus said:
Better call USCIS if you think your previous emloyer is going to revoke 140.
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Can it be because I sent AC21 papers.
Also i was reading in this post above how do we find if the lawyers name has been changed in the 485 after AC21 has been sent

Thanks
 
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