AC21 and RFE on I-140

[IL_LABOR]

I got my I-140 approved and got my EAD. Its been > 180 days since my I-140 was approved and my I-185 was filed. I used the AC21 and changed the employer after > 365 days. I have not yet informed BCIS on the same. I spoke to my lawyer and he told me its not important to inform till I get an RFE.

Today I checked my status and found that an RFE has been issued for I-140.
Can it be the issued if the previous employer has revoked the I-140?
I-140 RFE after Approval and > 180 days


My concern is shouldn't the RFE be issued for I-485 instead of 140 when I-140 is revoked after > 180 days and I-140 has already been approved.?


Thank You,
Il_Labor

ND : Feb 2003
AD June 2004
EAD June 2003
485 ND Feb 2003

 

[Perico]

my 2 cents

it sounds like your previous employer, might be trying to cancel your aproved i 140, but i would not worry, according to the law( american competitivenes act, once i-140 gets approved, it is still valid even if revoked by originial petitioner,
just make sure that you have a strong employer now who can sponsor your green card

 

[ginnu]

it sounds like your previous employer, might be trying to cancel your aproved i 140, but i would not worry, according to the law( american competitivenes act, once i-140 gets approved, it is still valid even if revoked by originial petitioner,

--WRONG, if I-140 is approved AND I-485 has NOT hit 180 days employer can revoke the I-140( read the August 2003 MEMO) his employer may have sent letter to USCIS to revoke I-140 before I-485 pending hit 180 days
just make sure that you have a strong employer now who can sponsor your green card

 

[ginnu]

I got my I-140 approved and got my EAD.
Its been > 180 days since my I-140 was approved and my I-185 was filed. I used the AC21 and changed the employer after > 365 days. I have not yet informed BCIS on the same. I spoke to my lawyer and he told me its not important to inform till I get an RFE.

Today I checked my status and found that an RFE has been issued for I-140.
Can it be the issued if the previous employer has revoked the I-140?
----- if the RFE is for I-485 it can be any reason it seems the employer sent letter to USCIS to revoke the approved I-140 before your I-485 hit 180 days
if that happend then I-485 will have no base
I-140 RFE after Approval and > 180 days


My concern is shouldn't the RFE be issued for I-485 instead of 140 when I-140 is revoked after > 180 days and I-140 has already been approved.?
------ you will only know the reason after reading the RFE

Thank You,
Il_Labor

ND : Feb 2003
AD June 2004
EAD June 2003
485 ND Feb 2003

 

[Goku]

What I understood from AC-21 memo is that, USCIS can issue an "intent to deny" response if you have not informed them about the change of employer when USCIS receives your employers petition to revoke 140. This should go away once you reply with your new employer info.

 

[IL_LABOR]

Thank You all for your input. I changed my employer after > 365 days of filing I-1485 and my I-140 was already approved. I am concerned the why the Update on the web site was for I-140 and says RFE has been issued instead of "Notice of Intend to deny".

Shouldn't the I-485 status have been updated too?

Thanks
il_labor