485 Pending/140 Revoked - Please Advice

G

guest04

Registered Users (C)
I feel like I am in a hopeless situation. I want to get some feedback from members of this forum. I was laid-off before 180 days. My I-485 is pending for more than 2 years. My I-140 was revoked. The request to revoke was made before 180 days but INS took action well past that date.

What are the chances of my approval if I-140 was revoked? The key here is, the request to revoke was made well before 180 days, but was actually revoked by INS much later. Can I still be approved under AC21 or is it pretty much a hopeless case? Your feedback will be much appreciated.
 
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The 180 days from RD rule was announced in the so-called August memo.

But since this is just memo it has no legal standing. Per one of the attorney i spoke with was of the opinion of it will not stand in the court of law.

Talk to some good attorney. You may question this in the court.
 
Don't worry ........

what is ur current employment situation?

are u working? same kind of job??


I believe you don't need to much worry about........ just prepare for all employment doc.... ur w2.... and tax returns.... collect them all.whatever u have...and don't be disappointed....... my heart says you will be fine.........

Maximum they will ask u to prov about EVL that u have to provde................ if same job that would be fine.....and make ur case more strong.... some w2 adn tax return....

here is what they are asking to you......... they say we are giving u GC based on you work.......u came here u work .... and if u are working person....... part of work force...... here is ur GC.................only thing you have to prepare some document evidence....

ur 140 is part of document... and if any document have issue on it is need to solve some how .......

I believe you should hire a very good attoreny....... like Rajive Khna... or Murrthy.... not sure who else famouse and good reputation........ ask this form help to learn about attorney near to you ... it may cost u ... but you willl earn and recover it...... so don't hesitate to take ur case to attorney... instead sititng here and ..... asking unexperienced perosn like me..... we just share our opinion.......


so bottom line is be brave I have seen worst case been approved.........

Practive ur faith.... and believe......and leave everyting on God... if it is written GC in your luck....... you will get it....... mricales happens........... one door close ......second opens ......

Good Luck
 
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atleast some encouragable news I found for you.......


check this thread what is says.........

http://boards.immigration.com/showthread.php?s=&threadid=117405


------------------------------------the copy----------------------------------------------

Its My turn. 485 Approved - Officer #69
As per online status My 485 got approved on 03/10/2004.

My Details
RD 07/24/01
ND 08/27/01
FP 01/20/03
RFE 02/05/04 -- W2, EVL -- Office #69
AD 03/10/2004


Here are the twists in my green card process.

Got laid off < 180 days and company Revoked H1. Changed couple of jobs in two years and did not inform INS about new job change. Filed AR 11 by giving my brother address.
But on Pay stubs I have my appartment address.

So, bottom line is it doesn't matter anything if you have full time job when you get RFE.


Thanks to you all for the support and Good Luck to everyone.



------------------------------------- copy end --------------
 
Big thank you! to everyone for their feedback.

P.O.J, thanks for your encouraging words and help. I did check with the other user whose thread you pointed me to. In his case H1 was revoked but not I-140. Please see my posting and his reply in that thread.

So far, in this forum, I haven’t come across a case where I-140 was revoked but I-485 was still approved. Whereas, I have seen plenty (at least a few) of I-485 denials because I-140 was revoked.

What would be encouraging is to see at least one case where I-485 was approved even though I-140 was revoked.

Members, please do update this thread if you come across any new information.
 
Originally posted by guest04
What would be encouraging is to see at least one case where I-485 was approved even though I-140 was revoked.
Click to expand...
In my case, INS may have had a serious confusion with mismatch in I-140 A#s. I have two I-140, one of which is an amendment owing to aquirement by a larger company. That may be one of the reasons, why INS might have transferred mine to a local office for interview. There is no way to approve I-485 without an underlying I-140. Even should it have been withdrawn, the system must denote to the officer that the I-140 was not revoked before 180 days as per AC-21. So, if an I-140 was withdrawn after 180 days of pending I-485, Officers were clearly advised not to deny based on that condition alone. Now, if I-140 was withdrawn before 180 days of pending I-485 and subsequently the I-485 was also denied, then there is very little to be accomplished based on MTR. Also, for concurrent filers, a mere abeyance of 180 days without I-140 approval will mean nothing. The 180-day rule, is for those applicants, whose I-485 was pending for 180 days and that means, an approved I-140 should have been existing for all the 180 days of I-485.
 
I was laid-off before 180 days. My I-485 is pending for more than 2 years. My I-140 was revoked.
Click to expand...

Can you please clarify the statement. You were laid off before 180 days but ur I-485 has been pending for more than 2 yrs :confused:
 
talk to a good attorney

Talk to a good attorney (like Rajiv Khanna) to see if there are ways getting around this.
 
Originally posted by dinnu
Can you please clarify the statement. You were laid off before 180 days but ur I-485 has been pending for more than 2 yrs :confused:
Click to expand...
Yes, the sequence of events was:

1) My I-140 was approved in 2000.
2) I applied for I-485 in 2001 when my PD became current.
3) I was laid-off a month later.
4) I received all the receipts for AOS, EAD, AP, etc.
5) Since then, I-485 has been in pending status.
6) Six months later found out that the company attorney had requested revocation of I-140, even though the company HR representative told me that they would not do so.
7) I received my EAD, and also getting renewals so far.
8) I received my first AP. I applied for another AP after the first had expired, and got an RFE.
 
Hi Guest04,

Please talk to a good attorney about this. This is one of the most unfortunate situations I have seen.

Good luck.
 
What is the Online Status?

Hi
What are your online status displays when you
enter your I-140 receipt number ?
 
Strangely enough, the online status as well as the recorded message on the phone says, this case has been approved, and an approval notice was mailed to you.

For a long time I did not check the online status or on the phone, but if I remember right it used to say something different. I am surprised why does it now say that it is approved.

In any case, I have a receipt from INS notifying that it was revoked, a copy of which was forwarded to me by my previous employer.
 
guest04,

There may be some good news. The 180 days is counted upto the time INS acts upon the revocation request. So you should be OK under AC21. Here is an excerpt from Murthy's site: http://www.murthy.com/ukac21.html

...
That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail.
...
 
FEEDBACK HIGHLY APPRECIATED

My question is after the approval I-140, company laid off
and revoked the I-140. Now Joined new company with
same title and job duties, which were mentioned in
old approved LC and I-140 from previous company.
Applied I-485 from new company based on old
approved LC and I-140 from last company.
180 days is over. What is chance getting I-485
approval?

Any feedback will be highly appreciated.
 
Re: FEEDBACK HIGHLY APPRECIATED

Seems like you are in the same predicament as I am. In your case my questions are:

1) When did the previous employer request for revocation? Did they file for revocation after 180 days of your 485 pending?

2) According to the Aug '03 AC21 memo you should have an approved 140, and 485 should be pending for 180 days. At the same time, 140 should not be withdrawn or revoked before 180 days.

We don't know how these cases will be dealt now. Previously they were automatically denying them based on 140 revocation. Now, with the Aug memo they have to at least look into the facts based on timeline. Or so I would think. Maybe, it all depends on the CIS officer who is handling a particular case.

Also, see reply posted by poongunranar in this thread above.
 
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Originally posted by austin_eda
guest04,

There may be some good news. The 180 days is counted upto the time INS acts upon the revocation request. So you should be OK under AC21. Here is an excerpt from Murthy's site: http://www.murthy.com/ukac21.html
Click to expand...
austin_eda, thanks for your empathy and encouragement. Sheela Murthy's site has the most information on this issue. What is disheartening is, almost all of the information posted is prior to the Aug '03 memo. There are no updates post Aug memo. So, we do not know how the new memo is influencing recent 485 decisions. We have to wait and see.
 
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