Can Employer revoke I-140 after 180 days by sending letter to INS in Back date.....

DukhiInsan

New Member
Dear Gurus....
we are desparate to get some help from you all.
My husband received a letter of I-485 denial from INS yerterday.
We are on EAD and used AC-21 to change my previous employer exactly after 7 Months of Approval of I-140.

When we applied for renewal of our EAD month we received a denial letter today which clearly mentioned that previous employed who filed my husband's I-140 revoked the petition. We are sure that it happend after my husband left previous employer.

What we think that after he left his previous employer, they send a letter to INS in back date saying that Employer wants to withdraw the beneficiary immigation petition. They might have send that letter to INS with back date and just by regular mail. So there is no track of Letter at INS except that , previous employer letter of withdraw in my file with back date on it. When We applied for EAD renewal , some of the immigration officer looked at our file and saw the letter of withdrawal from my employer wich was of back dated. Based on that letter INS denied our I-485 petition.

Now we would really appreciate if we get any help from any of you guys for our appropriate move in this case. we are never out of status in this country and never been out of Job. In fact my husband's previous employer was sucking his blood, he was just getting 30% of bill rate though they promised me to pay 80% which never happend. So after years of slavery , my husband decied to leave the employer with good relationship.

Can anyone help me to understand that , how INS permits employer letter of Back date to revoke the petition. If it has been send out by ordinary mail
there is no track of it. When we used AC21 we did send letter to INS and inform them.
Any of yor thought will be helpful in our survival.

regards
DukhiInsan... :mad:
 

chintamani1

Registered Users (C)
Question to all gurus!!!! How can a situation like this be avoided , this would be very helpful to all people who are planning to use AC-21. Is there anyway one could confirm that the employer has not revoked 140 petetion before 180 days of 485 filing.because if this is the case every employer would just send a back dated letter and 485 would be denied......



DukhiInsan said:
Dear Gurus....
we are desparate to get some help from you all.
My husband received a letter of I-485 denial from INS yerterday.
We are on EAD and used AC-21 to change my previous employer exactly after 7 Months of Approval of I-140.
--------was there any update on the USCIS website stating intent to deny (NOID) after you filed AC-21?if not then maybe that could be used as a valid argument to re-open the case perhaps

When we applied for renewal of our EAD month we received a denial letter today which clearly mentioned that previous employed who filed my husband's I-140 revoked the petition. We are sure that it happend after my husband left previous employer.
-----as unitednations pointed out it is the date of receipt of letter and not the date of issue........

What we think that after he left his previous employer, they send a letter to INS in back date saying that Employer wants to withdraw the beneficiary immigation petition. They might have send that letter to INS with back date and just by regular mail. So there is no track of Letter at INS except that , previous employer letter of withdraw in my file with back date on it. When We applied for EAD renewal , some of the immigration officer looked at our file and saw the letter of withdrawal from my employer wich was of back dated. Based on that letter INS denied our I-485 petition.
------did any USCIS official actually confirm the date or is it just a assumption? Please provide further details to help understand better.....

Now we would really appreciate if we get any help from any of you guys for our appropriate move in this case. we are never out of status in this country and never been out of Job. In fact my husband's previous employer was sucking his blood, he was just getting 30% of bill rate though they promised me to pay 80% which never happend. So after years of slavery , my husband decied to leave the employer with good relationship.

Can anyone help me to understand that , how INS permits employer letter of Back date to revoke the petition. If it has been send out by ordinary mail
there is no track of it. When we used AC21 we did send letter to INS and inform them.
Any of yor thought will be helpful in our survival.

regards
DukhiInsan... :mad:
 

statusquery

Registered Users (C)
DukhiInsan,

I'm the one, I just got my passport stamped after going thru much more painful than yours, as unitednations said that my case is far worse and my lawyer just sent a response and they approved it without any queries, these all happened last week.

Please send me your contact # via Personal message I will call you immediately, also do not leave hopes and I will get in touch with my lawyer she is really good, I mean really good and understands the situation and did lot of research due to my case just past month.

I hope I really can help, here is my earlier thread
http://www.immigrationportal.com/showthread.php?t=156968
 

chintamani1

Registered Users (C)
1.>Is there any way one could find out if the 140 is still alive or has been revoked by the employer before taking the AC-21 plunge ?
2.> if the 140 has been revoked can it be re-used for the same person if he somehow manages to persuade the employer
3.> does the web-site get updated with LUD/ msg change once the 140 has been revoked or when a request is recvd....
4.> Finally after sending the ac-21 letter does the website msg change?

Would appreciate your views / inputs......TIA.
 

john_h

New Member
It can be fixed by open a MOTIC

It is a mistake made by INS, I went through the exact same scenario. My I-140 was approved and I-485 has been pending for almost one and half year before I switched the job using AC21, my I-485 got denied after previous employer revoked my I-140, my new lawyer filed a motion to reopen the I-485, and INS reopened it after a month, by still pending...

I did send AC 21 letter when I switched the job, INS seems don't look at it.

WAC-02-26*-*****

DukhiInsan said:
Dear Gurus....
we are desparate to get some help from you all.
My husband received a letter of I-485 denial from INS yerterday.
We are on EAD and used AC-21 to change my previous employer exactly after 7 Months of Approval of I-140.

When we applied for renewal of our EAD month we received a denial letter today which clearly mentioned that previous employed who filed my husband's I-140 revoked the petition. We are sure that it happend after my husband left previous employer.

What we think that after he left his previous employer, they send a letter to INS in back date saying that Employer wants to withdraw the beneficiary immigation petition. They might have send that letter to INS with back date and just by regular mail. So there is no track of Letter at INS except that , previous employer letter of withdraw in my file with back date on it. When We applied for EAD renewal , some of the immigration officer looked at our file and saw the letter of withdrawal from my employer wich was of back dated. Based on that letter INS denied our I-485 petition.

Now we would really appreciate if we get any help from any of you guys for our appropriate move in this case. we are never out of status in this country and never been out of Job. In fact my husband's previous employer was sucking his blood, he was just getting 30% of bill rate though they promised me to pay 80% which never happend. So after years of slavery , my husband decied to leave the employer with good relationship.

Can anyone help me to understand that , how INS permits employer letter of Back date to revoke the petition. If it has been send out by ordinary mail
there is no track of it. When we used AC21 we did send letter to INS and inform them.
Any of yor thought will be helpful in our survival.

regards
DukhiInsan... :mad:
:(
 

chintamani1

Registered Users (C)
Gurus - Ginnu, UnitedNations please help

Also here is another scenario:-

Consultant has completed more than 180 days after 485 ND and 140 approved via Company A , joins Company b by H1 transfer and notifies USCIS with AC-21. What happens if the H1 transfer is denied due to some reason?


chintamani1 said:
1.>Is there any way one could find out if the 140 is still alive or has been revoked by the employer before taking the AC-21 plunge ?
2.> if the 140 has been revoked can it be re-used for the same person if he somehow manages to persuade the employer
3.> does the web-site get updated with LUD/ msg change once the 140 has been revoked or when a request is recvd....
4.> Finally after sending the ac-21 letter does the website msg change?

Would appreciate your views / inputs......TIA.
:confused: :confused:
 

ac21_help

Registered Users (C)
join using ead and ac21

why use your h1 time for no reason. if 485 denied then use h1 time left over.
thats safer i think. also why pay for h1 fee and all other h1 restrictive slavery laws.

once you have ead you can work for anyone using ac21. ead allows you to workf r anyone anywhere anytime. ac21 needs to be in a same or similar position.

alos i think the 180 days is receipt date (not notice date but i could eb wrong)

if you didnt file for the ead file yesterday. start filling in the form now and file it in an hour, never waste h1 time,although some attys recommend keepin h1 status alive as a backup plan in case 485 denied can revert to h1
 

Nimmi

Registered Users (C)
1.>Is there any way one could find out if the 140 is still alive or has been revoked by the employer before taking the AC-21 plunge ?
2.> if the 140 has been revoked can it be re-used for the same person if he somehow manages to persuade the employer
3.> does the web-site get updated with LUD/ msg change once the 140 has been revoked or when a request is recvd....
4.> Finally after sending the ac-21 letter does the website msg change?

Can anyone answer these questions please!??
 

chintamani1

Registered Users (C)
Any suggestion or thoughts would be highly appreciated

Nimmi said:
1.>Is there any way one could find out if the 140 is still alive or has been revoked by the employer before taking the AC-21 plunge ?
2.> if the 140 has been revoked can it be re-used for the same person if he somehow manages to persuade the employer
3.> does the web-site get updated with LUD/ msg change once the 140 has been revoked or when a request is recvd....
4.> Finally after sending the ac-21 letter does the website msg change?

Can anyone answer these questions please!??
 

statusquery

Registered Users (C)
1. I do not know any way to find out whether I140 is still open or not, in my case it was showing "This Case has been approved....blah blah" but I got a NOID saying my 140 was withdrawn. I think may be if you request the documents based on FOIA, probably they will send all the communication ever made on your case. May be that will help (It;s just a guess).

2. The reason I140 is withdrawn by the company (otherthan they want to screw you) is that they want to re-use labor, they cannot reuse I140. They withdraw I140 and reuse the labor on which this 140 is based.

3. This is a very tricky situation you cannot depend on the LUD's, but as said that in my case there was an update on the day USCIS acted on my I240 and withdraw, but the status still said the same "This case has been approved etc.," . I used to keep checking everyday for my I140 when there was an update on 140 I thought they might be working on my I485 that;s why there is an update, but that is not the case I found that hard way by receiving NOID on my 485.

4. No Idea I have never sent One.

Any other inputs/corrections from other gurus please update.
 

newkidhere

Registered Users (C)
Hello Unitednations and statusquery,

I have had 140 and 485 filed through a company for future employement during Sept '04 and after 4 months the company adivsed the attorney to withdraw the I-140 petition for unknown reasons. The company attorney advised me to expect the underlying 485, 765 applications would also be rejected based on I-140 withdrawal.

Given this sceanrio, is there something that I can do to save the process ? I work in another company in a similar job. My 485 becomes 180 days old after mid of March '05.

Appreciate your valuable input.

Thanks
Newkidhere
 
Top