AC-21 case - I-140 Denied along with I-485

What does online show for your I-140 ?

IL_LABOR

One quick question, what does your I-140 on line status show ? Is it revoked or approved?

My friend is in same situation, he changed his job and waiting for approval. He does not know whether his old employer revoked or not.

Your reply will be highly appreciated.
 
The online status is "we received your response for RFE". It doesn't show revoked or withdrawn

il_labor
 
IL_LABOR,

Sad to hear about your plight. As many of them suggested did you get some good attorney to appeal your case. Also did you make any attempt to contact your congressmen.

Do your best to make this happen. Finally you should come out with flying colors as you have followed the rules of AC21.
 
Cashew,

Thank You for your support.

Yes, my attorney is filing for a "Motion To Reconsider", I have not yet tried to get a senator's help but after reading the posting of "zj1965" , I am thinking of contacting my local senator's office. Seems like I am not the only person on this forum whose I-485 has been denied after employer's withdrawl of I-140 even after we followed the guidelines of AC-21.

il_labor
 
Hi IL_LABOR,

You are right after seeing a stream of NOID's the consulting comanies have started threatening its employees with revokal. Recently my friend whose concurrently filed I-485 with I-140 approved a year back was about to take a new job, his company threatened that they revoke his I-140. On consulting with a famous attorney, the attorney said that as long as you have a permanant job and job responsibilities the same as in your LC the original company's revokal doesn't affect your GC processing.

So try all the avenues and please dont leave it to fate.
 
Info needed on FOIA form G639

I am thinking of filing for FOIA to get a copy of the withdrawl letter that my previous employer's attorney has sent. Can someone tell me what do I need to send along with form G-639 for verification of subject's identity by mail.

In the form it mentions:
"Requesters wanting access to their records shall identify themselves by name, current address, date and place of birth, and alien employment identification number. A notarized example of their signtures or sworn declaration under penalty of perjury must also be provided ( this form G-639 or a DOJ Form 361 , Certification of Identity , may be used for this purposes )"


In section 7 of the form G-639, which option should I fill ..

Verification of subject's identity:
(1) In-Person with ID, (2) Notarized Affidavit of Identity, (3) Other ( Specify )....

Thank You,
Il_Labor
 
IL_LABOR said:
I am thinking of filing for FOIA to get a copy of the withdrawl letter that my previous employer's attorney has sent. Can someone tell me what do I need to send along with form G-639 for verification of subject's identity by mail.
In the form it mentions:
"Requesters wanting access to their records shall identify themselves by name, current address, date and place of birth, and alien employment identification number. A notarized example of their signtures or sworn declaration under penalty of perjury must also be provided ( this form G-639 or a DOJ Form 361 , Certification of Identity , may be used for this purposes )"
In section 7 of the form G-639, which option should I fill ..
Verification of subject's identity:
(1) In-Person with ID, (2) Notarized Affidavit of Identity, (3) Other ( Specify )....
Thank You,
Il_Labor
Click to expand...

You can photocopy your driver's liscence and EAD Card (if you have one), and then you can write a small note below the copy with your sample signature and then get it notarised.
Please note this "Freedom of Information Act (FOIA) (Complete all items except 7)" is mentioned in the top of the form.
So I am not sure if getting the notarisation is mandatory. However, getting this done is always better.

I too have invoked AC21 and my attorney is about to send the G-28 and AC21 letter from employer. Howevere, in bettwen there have been a couple of LUD changes for an I485 and EAD (first on 9/13 and second on 9/23), but the online messages are the same.
Complete details are available on this thread.
http://boards.immigration.com/showthread.php?t=143930
Did your online message change once NOID was issued? Best of Luck with your case. Try all things that can be done.
 
What about this?

Did you find out when your I-140 was withdrawn by your employer?
If your employer withdraws your I-140 before 180 days on I-485, then you cannot do anything. If the employer withdrew it after 180 days, INS cannot deny anything. In your case, it is not important when you changed your employer. Find out when your I-140 was withdrawn by your ex-employer.
 
IL_LABOR

Can you tell me how much time it is going to take time to get the records.

Thanks
Glenmd
 
IL_LABOR said:
I switched employer after more than 365 days of filing I-485 and 9 months of I-140 approval. My previous employer withdrew the I-140 . My laywer filed for my AC-21 papers and informed USCIS .

Today he got 2 descisions:

1) I-140 revoked.
2) I-485 also cancelled since I-140 was cancelled.

Looks like AC-21 has no meaning for Nebraska Service Centre.

il_labor
Click to expand...



You said that your previous employer withdrew the I-140. So the question is, did she withdrew the I-140 before 180 days or after 180 days? It doesn't matter if you crossed 180 days on I-485. Find out when did the employer notify the INS of the intention to withdraw I-140. If she did after 180 days, then u r on strong grounds. Otherwise, you will have problem.
 
Received a reply on MTR

Hi,

My lawyer got a letter from USCIS which says this :

The Motion as submitted has been reviewed. It meets the requirements of Title 8, Code of Federal Regulations, 103.5 concerning the proper filing of a motion. According, the request to reopen the previous decision will be and is hereby granted.

After a complete review of the record of proceedings, including your motion, it was determined that the application requires further adjudication.

IT IS ORDERED that your application be reopened and forwarded for further processing.

He also got an original I-797C

I-797 Notice of Action: Case Type I-485

After a review we have reopened the above application or petition or reconsidered the decision previously issued. You will receive a notice under separate cover once all action has been completed.

Does it mean that my I-485 has been opened for Adjudication and my EAD has been reinstated?

Thank You,
il_labor
 
Thank You UnitedNations for your reply.

I already have my EAD. If this implies that the I-485 is in process then does it mean that the EAD has automatically been reinstated?

As far as I understand , the basis for EAD is a valid pending I-485 petition.

Thank You,
il_labor
 
Yes, I got the denial notice from USCIS on my I-485 since my I-140 was withdrawn by my previous employer. Since the I-485 was denied hence the EAD was terminated automatically.

il_labor
 
any update on your case IL Labor ? what does your lawyer say on accrument of illegal presence after the denial of 485 ?

your case seems to be an exception to norm on this forum.

any update would be appreciated

thx
 
Question for Ginnu

Ginnu,

Can you please clarify the meaning of the above mentioned letter. Does this mean the MOTIC has been accepted and my case is in line for process or does it mean "USICS feels like there is ground for the MOTIC and they are still looking into the decision".

If I need to use my EAD can I do so at this point or not?

I would appreciate your reply on this.

Thank You very much!!
il_labor
 
Hi IL_Labor,
I am in the same boat . Employer revoked 140 after approval and moved out of comapny after 10 months of 485. Yesterday my online status changed to notice has been sent for addional evidence or information. I did sent ac21 documnetaion recently.Could you clarify if you had a similar online message or it clearly mentioned 485 denial. I am waiting for the rfe to be received by the attorney but in the eman time i am realy getting tensed. Let me know. Or any other info you had.

thanks
 
applevalley said:
Hi IL_Labor,
I am in the same boat . Employer revoked 140 after approval and moved out of comapny after 10 months of 485. Yesterday my online status changed to notice has been sent for addional evidence or information. I did sent ac21 documnetaion recently.Could you clarify if you had a similar online message or it clearly mentioned 485 denial. I am waiting for the rfe to be received by the attorney but in the eman time i am realy getting tensed. Let me know. Or any other info you had.

thanks
Click to expand...

Applevalley,

What did the online status changed for ( I-140 or I-485 ). Are your from Vermont Service Centre or Nebraska Service Centre?

I sent you a private message. Please check it and reply asap.

Thank You
 
To : IL_LABOR

IL_LABOR : I understand that you got a letter from the INS about you 140 and 485 denials , but did your lawyer get the letter or did you get a notice to your own address ? Also , did the online message change and what about the date .

Please let me know ,
Thanks,
Tiger
 
il_lobor,
I'm in the exact same situation but don't have an H1 for back up. I have a family and don't how to handle the situation. Can you please e-mail me your contact number to get some of your direction?
 
You must log in or register to reply here.
Top