Approved I-140 became pending. PLEASE HELP !!

[DesiVidesi]

Hi Friends,

As you can see from my signature, my I-140 was approved way back in July 2006. Recently I e-filed AR-11 and after that my I-485 was transferred from TSC to CSC.

Today to my horror, my I-140 shows the following,

Current Status: This case is now pending at the office to which it was transferred.

The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

It appears that my I-140 too has been transferred to CSC and reverted from approved to pending.

I've changed jobs recently using AC21 provisions as my I-140 was approved and I-485 receipt date over 180 days. Does this mean that my AC21 is now not applicable ? How the hell can an approved I-140 become pending again ? Has anyone faced this ? What needs to be done ?

Also, I changed my attorney for pending I-485 to new attorney. But since I-140 has become pending, in case of RFE, will my old company attorney get the documents ? Has my ex-employer probably revoked the I-140 ?

Ginnu, TheRealCanadian and others please help me !!

 

[ginnu]

Hi Friends,

As you can see from my signature, my I-140 was approved way back in July 2006. Recently I e-filed AR-11 and after that my I-485 was transferred from TSC to CSC.

Today to my horror, my I-140 shows the following,

Current Status: This case is now pending at the office to which it was transferred.

The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

It appears that my I-140 too has been transferred to CSC and reverted from approved to pending.

I've changed jobs recently using AC21 provisions as my I-140 was approved and I-485 receipt date over 180 days. Does this mean that my AC21 is now not applicable ?
-----Applicable if I-140 was approved. do you have I-140 approval notice copy or I-140 approval online status printout?

How the hell can an approved I-140 become pending again ? Has anyone faced this ? What needs to be done ?
-----------------------Wait few days. I got massage from other person that his I-140 was approved in 2006 and online status was showing approved and then after 3 months online status was showing DENIED and again after few days it was showing approved.
Also, I changed my attorney for pending I-485 to new attorney.
-----------------------------that is ok
But since I-140 has become pending, in case of RFE, will my old company attorney get the documents ?
---------------------------------yes ,I-140 belongs to employer
Has my ex-employer probably revoked the I-140 ?
-----------------if it is revoked then online status will show revoked. your I-140 was approved in July 2006 and I-485 was pending more than 180 days even if past employer revokes it you are eligible for AC21.
Ginnu, TheRealCanadian and others please help me !!

***If USCIS discovered any fraud with your LC then problem.
------ To me it seems online status error

 

[DesiVidesi]

Ginnu, thank you for your reply.

Yes, I do have a copy of my approved I-140. I shall contact USCIS tomorrow and keep this thread posted about what happens further.

 

[nj_skm]

Yeah, just call them up and ask them what the f*** is going on!

 

[DesiVidesi]

Yeah, just call them up and ask them what the f*** is going on!

Well, this is what I put across subtly in my call this morning.

Anyways, as expected, there was no information coming from USCIS. The first person just rattled off the same status - Pending and transferred.

When I asked, how can an approved I-140 become pending, she transferred me to the national center. The lady there told me that she cannot give me any information as I-140 is employer's petition and hence any information can only be given to the Employer or the company attorney.

So, I'm just keeping my fingers crossed hoping that it is an online status issue or an IO just wants to look at my I-485 and underlying I-140 case details and there is no 'Approved and transferred' option in their system.

And I thought I'd seen, read and experienced enough of USCIS surprises over the years

 

[DesiVidesi]

Ex-employer revoked I-140.

Okay, Mystery Solved !!

Turns out my ex-employer - Indian who else, has revoked the I-140 petition.

USCIS has given NOID (Notice of intent to deny) and asked for evidence and thereby my I-485, I-140 and even I-129 are in status pending. My long approved I-129 today got this status,

"Case reopened or reconsidered based on USCIS determination, and the case is now pending."

I can visualize the IO holding my cases in a bag and yelling "Show me the proof" - like show me the money

I've 30 days to reply and so now its either, I win this AC21 situation or its back to India for me. Pray for me.

 

[greatgc]

you are in prayers!

It is our INDIAN trade mark to harrase our own people by doing things like this. Indians are well known for manipulation,curruption, lying and giving and taking bribes.

This is why people like me are here, however,seems like Indians will never change no matter where they go!

Sad to read this. I think I am lucky , I have never been need of working for Indian bas***** , some of my non Indian bosses have been better to understand and cooperate with my GC process.

Good Luck.

 

[thyramax]

GreatGC, your comment against Indians is so uncalled for.

Anyway, OP you are totally covered by AC21. Consult a good attorney or your current company attorney and repond with all the needed document. Good luck, Will pray for you!!!

In this case, the employer idid what ever is allowed by law. I dont see any wrong doing from his part. Even fortune 100 companies do the same. This is a must for small employers if their other employees 140/485 to go through, with out A2P issue.

 

[DesiVidesi]

In this case, the employer idid what ever is allowed by law. I dont see any wrong doing from his part. Even fortune 100 companies do the same. This is a must for small employers if their other employees 140/485 to go through, with out A2P issue.

The employer is definitely allowed by law to revoke his I-140. The question is why would he do it ? Earlier, when labor substitution was prevalent, the revoked I-140 or rather the underlying labor, would be used for another employee. Now, the I-140 that he has revoked is useless to him.

Well, he had to probably spend about $1500 to get it revoked and is now sitting pretty. But for me, even though I have the umbrella of AC21, I'll be worrying about whether my documents will satisfy the IO enough to keep my I-485 pending. And I definitely don't want to go through the hassle of MTR.

As I look at it, this revokation was done just to spite me. Even he perhaps knows that AC-21 will save me, but hey, "If I can put him under stress and have him spend time and money resolving it, let me do it". That's the harassment that greatgc was perhaps referring to.

And he almost got me. Just recently I got my 2nd EAD approved and card received. If this NOID was received earlier, my pending EAD would remain pending, and since my old EAD expires soon, I would have to stay unemployed until resolution of my NOID. Saved by a whisker !!

And there are others in wait in my ex-company for getting their GCs. The USCIS will probably scrutinize those cases during adjudication more thoroughly.

Thanks for your wishes and prayers.

 

[greatgc]

In this case, the employer idid what ever is allowed by law. I dont see any wrong doing from his part. Even fortune 100 companies do the same.
********
FYI- I never worked for any company less than fortune 500!
And they have been better to accomodate the paper trasfers from company A to B in a way that does not affect my legal status.

These things of harrasing ex employees mainly happen with Indian blood sucking small sized companies trying to "get rich quick"!

I am never ashamed or afaraid of admitting the truth that, most Indians can not bare the other Indian growing/going farther, they will pull the leg of that person to bring him/her down and you can buy most of them for just couple of hundreds- no loyalty , no principle, no intension of doing a good thing for humanity reasons. One should not be afraid of admitting the truth even if it hurts. I do not believe in taking false pride for "mera bharat mahan" for I know after being in other parts of world that we are not the best!

Well - I wish well to the victim. All other people dealing with Indian companies should learn a lesson from this.

 

[greatgc]

GreatGC, your comment against Indians is so uncalled for.
***********
thyramax- I am sure you know in your heart, that my comments are not "so uncalled for".
Be honest to yourself and you will understand what I mean.

Can you ever get your valuable item back if you left it in a train in India? - NO. It can happen here in a big city like NY/SFO /any other place.

It shows the descipline and over all good will of people of a particular country. Can an old person easily get a seat on bus/train in India? - NO, well it can happen here. Can you get any thing by rule without paying extra in India? NO. Here if you pay extra, you may get arrested. These, seemingly small things are building blocks for solid things of life, when we fail in all little things, we can't win in any thing big.

I stick to my comments about my home country that although I love my country it pains me when I realize that most of it is not honest .... Our people have capacity to ruin any good life to satisfy their ego and bad motives just for the sake of money.

 

[vj66321]

Lets be good Indians and make young indians follow us.

Most of us are getting into our mid career era, we will become leads /managers and will have people reporting to us that include other Indians.

At some point we will make decisions that effect / affect others.

Lets make the decisions that doesnt affect others unwantedly. lets be truthful and honest to our conciense.

Lets build a reformed Indian community here in the US, lets spread this to the generations that follow.

somehow at 12 am (now) Indianism is at its best within me.

 

[ac_hurdle]

Be honest to yourself and you will understand what I mean.

Can you ever get your valuable item back if you left it in a train in India? - NO. It can happen here in a big city like NY/SFO /any other place.

WOW.... I thought each and every store has alarms here....It seems houses don't need locks here....I have lost my mobile last year in parking lot, Probably I may get it in FedEx or get in same place from the person who stole it.....

It shows the descipline and over all good will of people of a particular country. Can an old person easily get a seat on bus/train in India? - NO, well it can happen here.

Yes, Olders will get seats here in buses, trains, lines and oldage homes etc.....In India Olders get respect in their son/daughter hearts (I think so though there is small differences).....

I don't think parents get wedding card for their son/daughter's marriage in India.... humm poor India.....

Can you get any thing by rule without paying extra in India? NO. Here if you pay extra, you may get arrested.

You scared me man..... I paid $1K extra to USCIS for speeding the process after one year which was supposed to be processed in 2 months.....

Will I get arrest?

These, seemingly small things are building blocks for solid things of life, when we fail in all little things, we can't win in any thing big.

I stick to my comments about my home country that although I love my country it pains me when I realize that most of it is not honest .... Our people have capacity to ruin any good life to satisfy their ego and bad motives just for the sake of money.

Still confused......Who is your people ?

 

[ac_hurdle]

Be honest to yourself and you will understand what I mean.

Can you ever get your valuable item back if you left it in a train in India? - NO. It can happen here in a big city like NY/SFO /any other place.

WOW.... I thought each and every store has alarms here....It seems houses don't need locks here....I have lost my mobile last year in parking lot, Probably I may get it in FedEx or get in same place from the person who stole it.....

It shows the descipline and over all good will of people of a particular country. Can an old person easily get a seat on bus/train in India? - NO, well it can happen here.

Yes, Olders will get seats here in buses, trains, lines and oldage homes etc.....In India Olders get respect in their son/daughter hearts (I think so).....

I don't think parents get wedding card for their son/daughter's marriage in India.... humm poor India.....

Can you get any thing by rule without paying extra in India? NO. Here if you pay extra, you may get arrested.

You scared me man..... I paid $1K extra to USCIS for speeding the process after one year which was supposed to be processed in 2 months.....

Am I supposed to be arrested?

These, seemingly small things are building blocks for solid things of life, when we fail in all little things, we can't win in any thing big.

I stick to my comments about my home country that although I love my country it pains me when I realize that most of it is not honest .... Our people have capacity to ruin any good life to satisfy their ego and bad motives just for the sake of money.

Still confused......Who is your people ?

 

[Imm_Exploited]

Well put greatgc!!

GreatGC, your comment against Indians is so uncalled for.
***********
thyramax- I am sure you know in your heart, that my comments are not "so uncalled for".
Be honest to yourself and you will understand what I mean.

Can you ever get your valuable item back if you left it in a train in India? - NO. It can happen here in a big city like NY/SFO /any other place.

It shows the descipline and over all good will of people of a particular country. Can an old person easily get a seat on bus/train in India? - NO, well it can happen here. Can you get any thing by rule without paying extra in India? NO. Here if you pay extra, you may get arrested. These, seemingly small things are building blocks for solid things of life, when we fail in all little things, we can't win in any thing big.

I stick to my comments about my home country that although I love my country it pains me when I realize that most of it is not honest .... Our people have capacity to ruin any good life to satisfy their ego and bad motives just for the sake of money.

Well put greatgc!!

And that precisely greatgc, why I am here in the US. Just need to keep in contact with my roots in India. It is becoming increasingly difficult these days to convince one's very own relatives about the realities that exist in the Indian society, even today.

IE

 

[manwithnoname]

Most of us are getting into our mid career era, we will become leads /managers and will have people reporting to us that include other Indians.

At some point we will make decisions that effect / affect others.

Lets make the decisions that doesnt affect others unwantedly. lets be truthful and honest to our conciense.

Lets build a reformed Indian community here in the US, lets spread this to the generations that follow.

somehow at 12 am (now) Indianism is at its best within me.

---- and let's not revoke the I-140s belonging to our fellows ...