Anyone has faced this situation before?

K

kvpt_mm

Registered Users (C)
I applied for my green card, Filed I140/I485/I765 concurrently using substitute Labor in Vermont service center during March 2003 and i have my I140 approved on July 9th 2003 along with my EAD and later my I131 application too.

Changed job after 9 months of receipt date of (March 26th 2003) and started using my EAD at my new employer for same kind of job duties and currently working with them

Recently USCIS sent a letter to my green card sponsoring employer that they revoked my approved I140 because they used the same LC for another benefeciary , so automatically it revoked my I140 petition based on section 8 CFR 205.1(a)(3)(iii)(C) .

And also , my approved I140 online Case status and pending I485 online Case status were never changed on or after USCIS sent the letter to my attorney. I was completely clue less what is happening in my case.

When i spoke to my attorney and employer about this, they completely denied using same LC for another benefeciary in the company and sent a letter to USCIS reinstate my approved I140 as it is a mistake from USCIS.

I am wondering whether anyone has faced this situation before.

Please advise me.. thanks in advance
 
I have seen 2 cases may be helpfull to you for reading:
Case1: I-140 was filed for CP the I-140 was approved and later the worker chose to apply for I-485 after I-140 approval, he got I-485 filing receipt, EAD, AP and at that time BCIS online was showing I-140 approved blah blah….
But after 30-40 days BCIS online status changed to I-140 REVOKED, he talked to employer and was informed by lawyer that he did not sent any letter to USCIS. He was sad and filed new LC through new employer as back up and after 2 months then again he checked BCIS online status for I-140 and it showed the I-140 APPROVED he went to his lawyer who had filed his I-485, lawyer immediately took the BCIS online print out saying I-140 approved. Just to know the correct status the lawyer filed his AP and AP was approved and it was the proof that his I-140 and I-485 are valid. The lawyer said he will go with the latest online what BCIS shows and when BCIS showed I-140 REVOKED may be computer glitch of USCIS.( because 6-7 months back BCIS online showed for many that pending I-485 will be approved in 30 days and next day it was again changed) lawyer advised him to take always printout of BCIS online status

2nd case: person had I-140 approved and I-485 pending more than 180 days and changed job using AC21, later he came to know through some friend that his LC is being used for some one also by past employer. The person went to a very good lawyer and lawyer told him nothing to worry the employer can use that LC for other employer after you got I-140 approved and your I-485 pending more than 180 days, lawyer told him that AC21 law is being interoperated by many good lawyers that in this situation LC may be shared but no final AC21 regulations are published. I don’t know what happened to Other person but the person whose I-140 was approved and I-485 was pending more than 180 days and used AC21 his file was transferred 5-6 months back to NJ Newark local office for interview and his case got approved. Here you are the OTHER person who used Labor substitution and you need to contact your lawyer
*** In your case I see:
A) Can be mistake of USCIS
B) B) Your employer/lawyer may be telling you lie
C) The other person and his lawyer may be very intelligent. Other persons LC was filed for him and got approved and employer filed I-140 for him and he left your employer and filed I-485 with copy of I-140 receipt or I-140 approval and employer may not be knowing it because the other person may have filed I-485 with out employer letter and once his I-140 got approved or saw on BCIS online the I-140 approved filed I-485 with I-140 approved showing printout and used very good lawyer, and if his I-140 is approved and I-485 pending more than 180 days he will send new letter from employer to use AC21 and the past employer cannot revoke the case.

**** if your lawyer or employer has sent letter to USCIS then they will get the ans and no need to worry, just ask the lawyer or employer did they file I-140 for the worker whose LC was approved??? if they did NOT file I-140 for him then it seems USCIS mistake and above B)guess is wrong on my part
 
Thank you very much Ginnu:

This is a very good clarifycation from your side and it accelarated hopes on my pending case.

As we see in my case, i used Substitute LC for my I140 case , but the actual employee on whose behalf this LC been filed left the company even before it got into state level clerance and been approved Green card through another employer later.

My Lawyer sent letters to USCIS stating to re instate the Approval because it is a mistake from USCIS because neither the employer / attorney never requested to revoke or re used the LC for another beneficiary. [ i have the copy of the letter too ]

To be on safe side, I also sent out AC21 letter through the law offices along with Employement letter , Paystubs , W-2s from my current employer

Iam currently in waiting mode and continuously watching my case status and nothing got changed from old message ( I140 approved, I485 pending ) after this was happend.

I hope they put my AC21 and Employment verifycation letters into my pending I485 case.

Thank you once again ...
 
kvpt_mm said:
Thank you very much Ginnu:

This is a very good clarifycation from your side and it accelarated hopes on my pending case.

As we see in my case, i used Substitute LC for my I140 case , but the actual employee on whose behalf this LC been filed left the company even before it got into state level clerance
---- Then it is USCIS mistake let your lawyer reply . i think your case went to new officer who is.......
and been approved Green card through another employer later.

My Lawyer sent letters to USCIS stating to re instate the Approval because it is a mistake from USCIS because neither the employer / attorney never requested to revoke or re used the LC for another beneficiary. [ i have the copy of the letter too ]

To be on safe side, I also sent out AC21 letter through the law offices along with Employement letter , Paystubs , W-2s from my current employer

Iam currently in waiting mode and continuously watching my case status and nothing got changed from old message ( I140 approved, I485 pending ) after this was happend.

I hope they put my AC21 and Employment verifycation letters into my pending I485 case.

Thank you once again ...
Click to expand...
 
You must log in or register to reply here.
Top