Approved 140 being revoked :(

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sarathynp

Registered Users (C)
USCIS sent Intent of Revoke for my approved 140. They found now that my qualification does not match LC (LC does not say combination allowed).
I need to appeal to get time for PERM processing

Anybody in this situation made appeal?

Will 485, EAD, AP will get revoked while processing appeal?
 
You should appeal the I-140 denial immediately. This will buy you some time, but your appeal is essentially guaranteed to be denied. Your I-485/EAD/AP should remain intact until your denial is final, but I am not sure whether you will be retroactively out of status or not (starting from the date of the original denial). It might be better to switch to some dual-intent status instead of trying to keep this dying I-485 alive.
 
sarathynp said:
USCIS sent Intent of Revoke for my approved 140. They found now that my qualification does not match LC (LC does not say combination allowed).
I need to appeal to get time for PERM processing

Anybody in this situation made appeal?

Will 485, EAD, AP will get revoked while processing appeal?
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Which service center approved your I-140 and which one is revoking it?
 
nscagony said:
You should appeal the I-140 denial immediately. This will buy you some time, but your appeal is essentially guaranteed to be denied. Your I-485/EAD/AP should remain intact until your denial is final, but I am not sure whether you will be retroactively out of status or not (starting from the date of the original denial). It might be better to switch to some dual-intent status instead of trying to keep this dying I-485 alive.
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Thanks I still have my H1 valid. If I go for a new PERM, can I still get back to my old priority date?
This was approved by TSC and now I got letter of intent from NSC
 
Yes, unfortunately NSC is stricter with this issue. And no, if the I-140 is revoked you can't use the old priority date. But since your H1 is valid don't worry too much. Get the new LC, file a new I-140 and you can keep extending your H1 until you I-485 is approved.
 
nscagony said:
Yes, unfortunately NSC is stricter with this issue. And no, if the I-140 is revoked you can't use the old priority date. But since your H1 is valid don't worry too much. Get the new LC, file a new I-140 and you can keep extending your H1 until you I-485 is approved.
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ok. If I lose priority date, I do not know how many years I need to wait - as I can only file Eb3 (India).:confused:

I was hoping that I will clear this shit before my kid goes to college in next 2 years :mad: Do anyone know is the college admission has any relation to visa status H4 or green card - please point me to the right forum / site if this is not applicable.
 
In H4 status your son/daughter will not be eligible for in-state tuition, but otherwise there will be no negative effects.
 
nscagony said:
In H4 status your son/daughter will not be eligible for in-state tuition, but otherwise there will be no negative effects.
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Not so fast. H4 holders who are generally in-state for more than a year, are eligible for in-state tuition. They just can't work (on/off campus) without a work permit like H1 or EAD nor are they eligible for CPT/OPT. For a chance to work on campus and work on CPT/OPT, they have to switch to F1 (not possible with OP's family's AOS background).

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That is definitively incorrect, at least for California. In California _legal_ aliens do not qualify for in-state tuition under any circumstances. _Illegal_ aliens do, if they graduated from high school here. But in H4 status you are out of luck either way. But you should definitively double-check with your school's international student office. They usually have questionnaires to determine eligibility for in-state tuition.
 
Fortunately for Texas, H1-B/H4 visa holders get to pay in-state tuition if you have been a Texas resident for over an year. My wife started going to school last year (H4) and she pays in-state.

Jawad
 
My attorney told me one can keep his/her priority dates under situation like yours.
Is this correct?
 
jwdkhan said:
Fortunately for Texas, H1-B/H4 visa holders get to pay in-state tuition if you have been a Texas resident for over an year. My wife started going to school last year (H4) and she pays in-state.

Jawad
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Thanks guys for all the input.
 
sarathynp said:
USCIS sent Intent of Revoke for my approved 140. They found now that my qualification does not match LC (LC does not say combination allowed).
I need to appeal to get time for PERM processing

Anybody in this situation made appeal?

Will 485, EAD, AP will get revoked while processing appeal?
Click to expand...

what is the I-140 approval date? When did file I-485?
 
tammy2 said:
what is the I-140 approval date? When did file I-485?
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EB# 140 was approved in march 2007. I filed 485 in June 2007.
In fact 140 days are passed already - if I have changed the employer and used AC21 what would have happened?
 
In addition to fraud or error it often happens when I-140s are transfered, especially from anywhere to NSC. NSC has tighter standards and they just seem to enjoy to review already approved petitions for potential revocation potential instead of working on their actual new case load.
 
nscagony said:
In addition to fraud or error it often happens when I-140s are transfered, especially from anywhere to NSC. NSC has tighter standards and they just seem to enjoy to review already approved petitions for potential revocation potential instead of working on their actual new case load.
Click to expand...

Any of you seen any cases revoked after approval (other tham employers ability to pay)? I am not able to see anything in the forums.
 
sarathynp said:
USCIS sent Intent of Revoke for my approved 140. They found now that my qualification does not match LC (LC does not say combination allowed).
I need to appeal to get time for PERM processing

Anybody in this situation made appeal?

Will 485, EAD, AP will get revoked while processing appeal?
Click to expand...


I140 can be revoked anytime (eg. by the employer), but you still get to keep the PD. Only way you can lose PD from approved 140 is if there was a fraud, which doesn't seem to be the case. File MTR dont give up, if you lose I140, fight for PD. Also, I read somewhere approved I140 cannot be revoked solely by uscis initiative (except for fraud). Check this out if it applies to you (http://www.murthy.com/news/n_140rev.html). Show to your attorney also.
 
calabor said:
I140 can be revoked anytime (eg. by the employer), but you still get to keep the PD. Only way you can lose PD from approved 140 is if there was a fraud, which doesn't seem to be the case. File MTR dont give up, if you lose I140, fight for PD. Also, I read somewhere approved I140 cannot be revoked solely by uscis initiative (except for fraud). Check this out if it applies to you (http://www.murthy.com/news/n_140rev.html). Show to your attorney also.
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Thanks I checked this link. I think USCIS has changed this later on as part of some terrorism act. Now they have all the poers to do anything.
 
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