Bad situation.. Please help

P

PendingGC1

Registered Users (C)
My I140 petition was approved on Jun 19th 2003, almost 2 years. since then I got 3 EADs, 3 AP's and 2 FPs.

Today I called my company regarding email that I received today. They said INS mistakenly cancelled my approved I140 by the request of the Attorney. But my company says, Attorney did not requested any cancellation.
NOT SURE THIS IS CORRECT (WHY INS CANCELS IF NOT REQUESTED?)

In case my I140 was cancelled and if they used my underlaying SUBSTITUTE labor for some body else later.. WHAT WILL BE MY SITUATION?

My company attorney responded to RFE saying we didnot requested for cancellation of I140..

I AM ON EAD NOW..

PLEASE SUGGEST ME DIFFERENT OPTIONS... THX

Today I received this email :
"On May 13, 2005, we received your response to our request for evidence
or information. It is taking between 90 and 485 days for us to process
this kind of case. However because preliminary processing was complete,
the remaining processing time will be less than the maximum stated
in this message. You will receive a written decision on this case."
 
Hopefully it's INS's mistake. If it is so, I don't think you need to worry about it. However, you still need to talk to your attorney directly (not thru your employer) and make sure neither your company nor your attorney cancelled your I-140.

If your company used the very same LC for another employee, that would be bad luck for you. In that case there is no other option except making your company cancel "other employee"'s I-140 (if his/her I-485 is not approved already) and refiling your own I-140 again - based on same LC. That's would be complicated.
 
PendingGC1 said:
My I140 petition was approved on Jun 19th 2003, almost 2 years. since then I got 3 EADs, 3 AP's and 2 FPs.

Today I called my company regarding email that I received today. They said INS mistakenly cancelled my approved I140 by the request of the Attorney. But my company says, Attorney did not requested any cancellation.
NOT SURE THIS IS CORRECT (WHY INS CANCELS IF NOT REQUESTED?)

In case my I140 was cancelled and if they used my underlaying SUBSTITUTE labor for some body else later.. WHAT WILL BE MY SITUATION?

My company attorney responded to RFE saying we didnot requested for cancellation of I140..

I AM ON EAD NOW..

PLEASE SUGGEST ME DIFFERENT OPTIONS... THX

Today I received this email :
"On May 13, 2005, we received your response to our request for evidence
or information. It is taking between 90 and 485 days for us to process
this kind of case. However because preliminary processing was complete,
the remaining processing time will be less than the maximum stated
in this message. You will receive a written decision on this case."
Click to expand...

Ask them if they have reused the Labor when did they reuse it.

Since you have applied the I-485 two years before hopefully nothing should happen. They may send you an NOID, which you can answer. You can cover-up with AC-21
 
Thanks Pralay and Tammy2..

I will talk with my attorney tomorrow..

1. If I can use AC21, rule is I140 should be approved(in my case approved) and 485 should have filed more than 180 days.. I don't know when INS received I140 cancellation letter. If it is less than 180days, can I eligible to use AC21?

2. Can any one tell me when 180days count starts from RD or ND? because there is 2 months difference b/w my RD and ND.

3. How can we find out whether my underlying substitute labor is used for any one? I think it might be difficult to find from my company records. Any other way?

4. My company filed LC on my name and got approval, don't know why they didnot used my LC with my I140. Any other way whether I can use mine, even after use my some body else?

Any other suggestions will be appreciated..
PLEASE RESPOND friends... I am getting into depression...
 
PendingGC1 said:
Thanks Pralay and Tammy2..

I will talk with my attorney tomorrow..

1. If I can use AC21, rule is I140 should be approved(in my case approved) and 485 should have filed more than 180 days..
I don't know when INS received I140 cancellation letter. If it is less than 180days, can I eligible to use AC21?
------------- if the USCIS recived letter to revoke I-140 before I-485 pending hit 180 days then problems becase USCIS uses the date they recieve the letter to revoke I-140.
2. Can any one tell me when 180days count starts from RD or ND? because there is 2 months difference b/w my RD and ND.
------------ RD of I-485
3. How can we find out whether my underlying substitute labor is used for any one? I think it might be difficult to find from my company records. Any other way?
-------------- no one can use LC with out company help, becase company file the I-140 with LC substitution, try to find from employer or company lawyer
4. My company filed LC on my name and got approval, don't know why they didnot used my LC with my I140.
-------------- are you sure that comany did not file your I-140 with LC that was approved for YOU? go to lawyer who filed your I-140, lawyer has the copy what he attached with I-140, find out if he attached the LC approved for YOU with your I-140
Any other way whether I can use mine, even after use my some body else?
** things may get complicated if other person I-140 was filed with your LC and if he gets I-485 approved( if that happens then you cant use the same LC)
Any other suggestions will be appreciated..
PLEASE RESPOND friends... I am getting into depression...
Click to expand...
 
Thanks Ginnu..

2 more questions..

My I485 filed before I received I140 approval.

1. I485 RD is Jan30th'03 and I140 Approved on Jul13th'03 and Approved I140 cancelled some time after I140 approval.. If the I140 is cancelled after July30th I should be fine, isn't it?? (based on 180 rule)

2. Since I am with same company, if the company sends letter saying I140 is not intentional cancellation, and if they request to revoke cancellation. Can USCIS will revoke cancellation? What if LC underlying is used my soem body?

fyi.. I am sure, when my LC approved I got LC cover sent my fax from my company. and the PD on my I140 doesnot match my LC dates. and the RFE received says Substitute labor..

thanks
 
PendingGC1 said:
Thanks Ginnu..

2 more questions..

My I485 filed before I received I140 approval.

1. I485 RD is Jan30th'03 and I140 Approved on Jul13th'03 and Approved I140 cancelled some time after I140 approval.. If the I140 is cancelled after July30th I should be fine, isn't it?? (based on 180 rule)
------------------- if the USCIS revoked approved I-140 after 180 days of I-485 pending you may be ok, but you dont know the actual date when the letter to revoke I-140 was sent by lawyer or employer.

2. Since I am with same company, if the company sends letter saying I140 is not intentional cancellation, and if they request to revoke cancellation. Can USCIS will revoke cancellation?
------------- let the company lawyer find out why the USCIS revoked the I-140 if the lawyer sends letter that they have never requested to revoke the I-140 then USCIS will reply to lawyer

What if LC underlying is used my soem body?
*** somebody cannot use the LC if the employer has not filed other I-140 for somebody with LC substitution
------------ also read below may be helpfull to you:
http://www.murthy.com/chatlogs/ch040405_P.html


Chat User : Can the labor be reused to substitute after the cancellation of an I-140? Please advise.

Attorney Murthy : An LC may be used for a different employee if the employer revoked the earlier I-140 petition, but there seems to be a new risk that the USCIS will take the position that, if the original employee obtained the GC approval under that LC, even if the employer had revoked it, the new employee and the employer cannot take advantage of the earlier LC approval.

fyi.. I am sure, when my LC approved I got LC cover sent my fax from my company. and the PD on my I140 doesnot match my LC dates. and the RFE received says Substitute labor..
----------------- alfter LC gets approved DOL does NOT send it by fax, DOL sends the form ETA 750A certified andform 750B and first page with approval info to Lawyer who filed the LC, then that LC is attached with I-140 petition and is sent to USCIS service center.
** I hope you are not mixing LCA with LC
** your I-140 should have the PD of your LC
go to your lawyer who filed the LC and then filed the I-140 and update us where is the mistake, lawyer mistake or USCIS mistake
thanks
Click to expand...
 
Thanks Ginnu for response..

Yes, I am clear on difference b/w LC and LCA, I received fax from my employer not from DOL.

I have copy of first page of labor (Not ETA 750A certified and form 750B), it shows my name and approval date. My company didnot used my Labor approval instead used Substitute labor.

My Labor Date donot match my I140 PD date, that is the reason I(company too) am saying used the Substitue Labor.

There were major reorganization in the company from last two years, my previous HR filed for Labor, I140 and I1485, he is very disorganized. He even didnot put Labor used for my I140 in my file in company. Because of cost reduction during 2003 they didnot hired Attorney, so current company's attorney will not have any info on this.

Question :

1. I am pretty sure they sent letter to revoke after 180 days of I1485 RD and about 30 days(min) after I140 approval. If so, can I use AC21? Even after under lying LC used for some body.
If some body used my previous underlying LC, what in case his GC approved and NOT approved? Can I get back my Substitute Labor to my file?

2. Do I need to change employer for using AC21? or Can I use AC21 using same employer?

3. Can I use AC21 for 2003 cases? Not sure when this law came into effect?

4. My wife is on EAD for last 2 years and I am on EAD for last 3 months, what should I do for to be safe regarding status (Willing to spend any amount for retaining status).

5. I am over 6 years period on H1B. I have Labor filed from DIFFERENTcompany(On my name, now pending over 1 year), can I go ahead and apply 1 year extension on H1B and H4 using premium processing using pending Labor.

6. What will be the status of my wife and me, when my current company's I140 is rejected and by changing to H4 and H1B, she will be set to Out-Of-Status for these 2 years on EAD?

If any other suggestions or recommendations will be highly thankful..

really appreciate for the response...
 
Last edited by a moderator:
PendingGC1 said:
Thanks Ginnu for response..

Yes, I am clear on difference b/w LC and LCA, I received fax from my employer not from DOL.

I have copy of first page of labor (Not ETA 750A certified and form 750B), it shows my name and approval date. My company didnot used my Labor approval instead used Substitute labor.
------------------ that is big mistake if the LC that they used does not match the job duties and education with your education and job duties before that that LC was filed then you are not eligible to use that LC, you neeed to have SAME job skills and education BEFORE that LC was filed. I advise you to go to good lawyer and if possible request the USCIS to approve the I-140 with your LC and lawyer can pointout the company mistake or may be able to send your approved LC to USCIS
My Labor Date donot match my I140 PD date, that is the reason I(company too) am saying used the Substitue Labor.

There were major reorganization in the company from last two years, my previous HR filed for Labor, I140 and I1485, he is very disorganized. He even didnot put Labor used for my I140 in my file in company.
------------------that is big mistake, talk to your employer
Because of cost reduction during 2003 they didnot hired Attorney, so current company's attorney will not have any info on this.
------------------ but you can go to current company's attorney and he may help you if you provide him full info and copy of the approved LC for you and all reciepts, RFE or any letter from USCIS and provide also the copy of LC that is sent with your I-140
Question :

1. I am pretty sure they sent letter to revoke after 180 days of I1485 RD and about 30 days(min) after I140 approval. If so, can I use AC21?
---------------YES
Even after under lying LC used for some body.
----------------- if you dont qualify to use that LC then I-140 can be cancelled by USCIS I-140 rests on LC and I-485 rests on I-140
If some body used my previous underlying LC, what in case his GC approved and NOT approved? Can I get back my Substitute Labor to my file?
----------------- if his GC got approved you canot use the same LC
2. Do I need to change employer for using AC21? or Can I use AC21 using same employer?
---------------- you need to talk with good lawyer and sort out the mess
3. Can I use AC21 for 2003 cases? Not sure when this law came into effect?
--- I dont understand your question
4. My wife is on EAD for last 2 years and I am on EAD for last 3 months, what should I do for to be safe regarding status (Willing to spend any amount for retaining status).
------------------- if the primary has used EAD then you are NOT on H1 status
5. I am over 6 years period on H1B. I have Labor filed from DIFFERENTcompany(On my name, now pending over 1 year), can I go ahead and apply 1 year extension on H1B and H4 using premium processing using pending Labor.
--------------------- extension can be filed only if you are on H1 status and your I-94 has not expired and you maintain H1 status
6. What will be the status of my wife and me, when my current company's I140 is rejected and by changing to H4 and H1B, she will be set to Out-Of-Status for these 2 years on EAD?
------------------------- please see good lawyer
If any other suggestions or recommendations will be highly thankful..

really appreciate for the response...
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