Any case of 485 denial due to approved I40 revoke?

[rp1740]

1)Reading an earlier posting from an unluckyguy, I was just curious to know about any case where the 485 was denied due to revoking of I140 even after completing 180 days of 485 filing by the same employer.

2) I know that once the AC21 is filed after changing the employer, revoking of I140 by the earlier employer if allowed by USCIS, would not impact the processing of the I485 petition. But what if the employer was the same, 180 days has passed filing I485, the employer revokes the approved I140 because he nolonger wants to persue the case for the current employee? Obviously AC21 could not be filed by the employee until he/she gets a new equivalent offer from another employer. What would be the impact on the I-485?

3)Once an I140 is approved, can the USCIS revoke the petition after realizing that the petition should NOT have been approved but denied? If yes, then what would be impact on the I-485 petition? Would it matter if the employee, under AC21 had already changed the employer after completing 180 days but before the I140 was revoked by USCIS?

Anyones experience to any of the above cases is highly appreciated.

 

[emailraja]

I would be interested to know the answers to 1 and 2 too. For 3, I know from one of the memos that USCIS will deny the 485 if it thinks it should not have approved the I140 in first place. In that sense, your green card is forever at the mercy of USCIS.

 

[smkr999]

Hi Unitednations


Hi UNMy case is EB-3 VSC
Concurrently filed
I-140 & I-485, I-765 RD & ND Nov 2004
I-765 AD & Spouse I-765 AD
I-140 Denied, due to edu eval Feb 2005
I-290 RD & ND March 2005
Opened I-140 & I485 on MTR/Appeal
I-140 Approved June 2005
F5 ND July 2005
I-485 waiting ????????
*********
Spouse case

I-485 case is not opened till now and no Finger Prints ?????????

Mr UN please tell me do you have any info, how long takes for open file and gets FP of Spouse also my final quot...... is do we need file for Spouse I-290 B or else do they open after primary applicant
or else do we need to call USCIS 1-800..... cust sevice
please give me details if U don't mine
really appreciates ......U
Thanx a lot your help.....

thanx
smkr 999

 

[rp1740]

smkr999,

Because of unavailable visa number under EB3 category, all I-485 applications under EB3 category are currently NOT processed. New visa numbers will be made available from October. You may have to wait until then to see any changes on your I-485 application.