AOS I-485 denied because I-140 was revoked in past (used AC21) !!!

H

HelloSK007

New Member
Hello Experts -

Here is my situation and need your suggestion. I have changed employer in Sep'05. At that time I had 140 approved and 485 pending for more than 9 months. I have got a RFE of NOID which I have responded in 30 days explaining my request of AC21 and with the similar job description etc. I did all what needed for AC21 for portability.

After that I had no problem in getting my EAD/AP etc for 2 years. Recently my case was transferred from VSC to TSC and now I got a notice that says "Notice of Decision" ...it reads as follow:

** [ "The petition for an immigrant visa was filled on your behalf (Form I-140, Exx- xxxxxxx)" was revoked on Sept 2005 as such you are ineligible to receive an immigrant visa and may not adjust status to that of an alien lawfully admitted for permanent residence. Consequently your I-485 is hereby denied.
** -- A denial of an I-485, application to register permanent resident or AOS, may not be appealed, but a new application may be filled with proper fees… … …, an applicant may file Motion to Reopen … … … with in 30 days. ]

My attorney is working on filing an MTR as well as an extension for H1B (I used EAD)

I would like to know if:
1) Can I continue staying in the US till I file and get decision on the MTR? How long does the decision take?
2) Should I continue working? (EAD is supposed to be invalid now isn't!)
3) If I go out of country without an Advance parole then it would be considered as if I abandoned (for a possible approval)
4) Now I can’t get an AP so what do you suggest?

I appreciate your thoughts and valuable tips.
Thanks lot
-Saroj
 
I had the similar situation

Hi,

I had the similar situation after changing employment using ac21 my previous employer revoked my I-140. After my case transfered to TSC from VSC we got a letter saying my 485 is denied because of my previous employer revoked I-140. my lawer sent all documents including my recent paystubs, w2 forms, AC21 , employment letter etc..then they accepted our documents and reopened the I-485 again. There is nothing to worry. Just talk to your lawyer.

Thanks,
 
I believe you may still work under EAD while your MTR is pending, but you need to consult your attorney for this important issue.

You should definitely reconsider your travel plan. If you have to travel, at least wait for your H1 approval and apply for a new H1 visa if your MTR is still pending by then. H visa allows "dual intent" so you will not be considered having abandoned your case if you leave US without AP. If at all possible, I'd wait for the result of MTR though. Hope everything will turn out fine.
 
Thanks Guntur / ZGreen. It certainly confirms my believe that I need to re-submit the documents and evidence to ensure the continuity. I appreciate your thoughts. Thanks!!!
-Saroj
 
MTR accepted and case resumed...

Hello Friends,
I have got a letter that shows that my request for Motion to Re-Open has been accepted and my case would resume normally. Please comment if you have any suggestion. The notice is as follow:

--------------------------
I-797C, Notice of Action
Case Type: I485 Application to Adjust To Permanent Resident Status

"After review we have decided to treat the appeal filed in the above case as a Service motion to reopen or Service motion to reconsider. You will receive a notice under separate cover once all action has been completed."

** So does that means my case would resume normally and I will have no problem in my GC processing...

Please comment....
Thanks
-Saroj

:) THANKS ALL SO MUCH :)
 
Oh Yes I got request for FP... isn't good :)

Yes it is such a relief. I have got a Finger print (biometrics) request that I am going to complete next month. It does means that the TSC is going a good job and things are back to normal.

Thanks
-SK
 
140 Status.

Does anyone here has any idea how can we find out if previous employer has revoked 140 or not. USCIS CS will tell this info? or the website status shows anything different?
Thanks.
 
Hi HelloSK007,

I am also in similar situation.

Can you please tell me how many days did it take you to get the letter that the TSC has accepted your "Motion to Reopen" application? Did you work during that period?

Thanks,
Viz7379
 
I don't get it

I don't understand. Once you use AC21 to switch to another company, your old employer's revocation of I-140 does not have ANY EFFECT on your I-485 application. Otherwise, what's the point of AC21?

USCIS cannot deny AOS based on the revocation of I-140.
 
I dont think they have software to attache new AC21 information to I-485(physically they have)... to your file or detach 485 from I-140...

or

some times IO agents might have done wrong...

You may want to file Motion to Re-open immediately... saying what is happened... I am sure they will re-open for you if it is their mistake..

good luck
 
seltzer said:
I don't understand. Once you use AC21 to switch to another company, your old employer's revocation of I-140 does not have ANY EFFECT on your I-485 application. Otherwise, what's the point of AC21?

USCIS cannot deny AOS based on the revocation of I-140.
Click to expand...
They aren't supposed to deny the I-485 for that reason, but sometimes they screw up and do it anyway. Remember, this is the organization that approved Mohammad Atta's visa renewal several months after 9/11. Screwups galore.
 
if you are cybersoft victim then its tough, consult a good attorney

HelloSK007 said:
Hello Experts -

Here is my situation and need your suggestion. I have changed employer in Sep'05. At that time I had 140 approved and 485 pending for more than 9 months. I have got a RFE of NOID which I have responded in 30 days explaining my request of AC21 and with the similar job description etc. I did all what needed for AC21 for portability.

After that I had no problem in getting my EAD/AP etc for 2 years. Recently my case was transferred from VSC to TSC and now I got a notice that says "Notice of Decision" ...it reads as follow:

** [ "The petition for an immigrant visa was filled on your behalf (Form I-140, Exx- xxxxxxx)" was revoked on Sept 2005 as such you are ineligible to receive an immigrant visa and may not adjust status to that of an alien lawfully admitted for permanent residence. Consequently your I-485 is hereby denied.
** -- A denial of an I-485, application to register permanent resident or AOS, may not be appealed, but a new application may be filled with proper fees… … …, an applicant may file Motion to Reopen … … … with in 30 days. ]

My attorney is working on filing an MTR as well as an extension for H1B (I used EAD)

I would like to know if:
1) Can I continue staying in the US till I file and get decision on the MTR? How long does the decision take?
2) Should I continue working? (EAD is supposed to be invalid now isn't!)
3) If I go out of country without an Advance parole then it would be considered as if I abandoned (for a possible approval)
4) Now I can’t get an AP so what do you suggest?

I appreciate your thoughts and valuable tips.
Thanks lot
-Saroj
Click to expand...
 
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