Company withdraw I-140....Any idea??? Can i use AC21

P

painful140

Registered Users (C)
Hi everyone, :mad:

My company informed me that they withdraw my I140 two days ago. Does anyone know how long will take USIC to process withdraw case? I am so disappointed about it because I think two more months my I140 may get approval. I have been spent 4 years in this company, and all suddendly, all my time and effort are in vain.
My I140 RD: Aug 30. 2003
I485 Rd: Jan 4, 2004
EAD, AP: approval March,2004
FP done: April, 2004

The company laid me off in May. Please let me know if I still can hold any hope on this I140? Any chance get approval on this I140? Is there anyway that I can keep this I140 processing or I need to start over again from LC???
Can i still use AC21 to save this I140???

Any advice will be highly appreciated.
Thank you very much..


Painful140
 
Please consult with a competent lawyer as soon as possible.

Also, plead with your employer to not withdraw your I-140. If this works then you're more or less safe.
 
If i understand AC21 correctly, it doesn't matter even if they withdraw provided 180 days has elapsed after 485 filed and you have another similar job. INS is not going to just like that deny your 485. They are going
to send you a "Notice of intent to deny". Then you have 30 days to prove that you have similar job.
You said your 485 was filed on Jan 4, 2004. So after Jul 4, 2004 you are a free bird technically.
Even if your current employer withdraws I-140 now, no use:) BEcause, INS is definitely going to give you 30 days to prove your new employment and by that time 180 days would have elapsed since filing of 485!
Please read AC21 attached herewith.
 
bgadicha said:
If i understand AC21 correctly, it doesn't matter even if they withdraw provided 180 days has elapsed after 485 filed and you have another similar job. INS is not going to just like that deny your 485. They are going to send you a "Notice of intent to deny".
Click to expand...

This is incorrect. An NOID is only issued if an approved I-140 is withdrawn. If the I-140 has yet to be approved, our original poster is unfortunately out of luck. He should seek alternate employment and sponsorship immediately to remain in the US.
 
Withdrawing approved petition is called "Revoking".

Withdrawing pending petition is called "Withdrawing".

Both of these words are used in that August Memo.
According to that, I feel bgadicha is correct.

(bgadicha, Did you hear this from any lawyer?)

And also the August memo deals with "Validity of Form I-140 Petition" only, not the "eligibility of AC21".

Just my thoughts.


naanshi.
 
Last edited by a moderator:
No, I did not hear it from a lawyer. Thats why I used the words " if I understand AC21 correctly".
But I clearly read the AC21 and this is what I inferred. Pls let the guy know the correct information. He seems to be in real trouble.
 
As we all know, AC21 is highly unclear topic. I don't follow, why USCIS cannot come up with proper interpretation. Is it real hard???? I strongly feel till the law is not clear, we can always take advantage.

I feel if painful140 finds a same or similar job soon and sends AC21 letter to USCIS with all the proof, after July 05,2004, he will be safe. I am sure, they will open the withdrawal letter after 2-3 months only. If USCIS will act on his I-140 withdrawal after 180 days, he will be fine.

naanshi.
 
I am very much sorry to hear your story!

If the employer send's his withdrawl letter through priroity mail or fedex..INS
will respond immediatly. Even if you send H1B cancellation letter through regular mail..you get your response from INS office as Notice of H1B withdrawl letter from them....my friend is a paralegal...she told me this info....

You please, consult an attorney and discuss your issues.
 
Thank you folks for your reply, folks. I do appreciate it.

My I140 still didn't approve yet. ( Rd: Aug 30/2003). I-140 Rd: Jan 5, 2004. I got the copy of withdraw letter from the company today and the letter states: . somthing..and the company hired me until June 1, 2004 and no longer intend to employ me be approved for permannet residency......

Like what the letter stated has sent to INS, my I485 is less than 180 days. I am pretty sure that they send the letter last week ( maybe around June 15 -17) by express mail.

Do you think I still can act AC 21? what kinda statement can i write to INS?
I checked with the lawyer, and he told me there is nothing i can do expect filing the new LC and start over again.

I just so upset with what this company did for me. Folks, can you give me some hints or ideas what i can do. I almost pass the 180 days deadline, and unbelieveable they stated the ending date I was employed in the letter.

(1) Will the INS calculate the exact days ( i was less than 180 days, from jan 5 to june 1, 2004) to withdraw or deny my case???

(2) I have a job now and there is no problem that i can get employment letter stated the similar job to my previous. Is there any format that i can use? do i need to state the starting working date?

(3) If I send AC21 letter to INS now, just like i said before, the company has sent the withdrawn letter to INS earlier than me, can will there have any chance that I still can get I140 approval?
Help!!!! Thank you, folks.

painful140
 
Tell me one thing. What are you going to loose if you send a AC21 letter after July 05,2004, stating that you started the job on July 05, 2004?????

Yes, I know, your situation is complicated. All other people are saying you have to start from LC. I still think that you can try your luck, even after filing another LC.

nanshi.
 
painful140 said:
Thank you folks for your reply, folks. I do appreciate it.

My I140 still didn't approve yet. ( Rd: Aug 30/2003). I-140 Rd: Jan 5, 2004. I got the copy of withdraw letter from the company today and the letter states: . somthing..and the company hired me until June 1, 2004 and no longer intend to employ me be approved for permannet residency......

Like what the letter stated has sent to INS, my I485 is less than 180 days. I am pretty sure that they send the letter last week ( maybe around June 15 -17) by express mail.


---- USCIS has made clear that if employer sends letter to revoke or withdraw the I-140 it will count the date on Employer letter, not the date when USCIS acts upon it, you cannot use AC21 as I-140 was NOT approved and I-485 pending morethan 180 days
Do you think I still can act AC 21? what kinda statement can i write to INS?
I checked with the lawyer, and he told me there is nothing i can do expect filing the new LC and start over again.
----Lawyer is correct you need to file new LC ASAP becase with PERM many will have problems ( that is stated by a lawyer)
I just so upset with what this company did for me. Folks, can you give me some hints or ideas what i can do. I almost pass the 180 days deadline, and unbelieveable they stated the ending date I was employed in the letter.

(1) Will the INS calculate the exact days ( i was less than 180 days, from jan 5 to june 1, 2004) to withdraw or deny my case???
----- you I-140 is NOT approved and once employer sent letter to USCIS to revoke or withdraw, you cannot do anything. the case ends here.
(2) I have a job now and there is no problem that i can get employment letter stated the similar job to my previous. Is there any format that i can use? do i need to state the starting working date?

(3) If I send AC21 letter to INS now, just like i said before, the company has sent the withdrawn letter to INS earlier than me, can will there have any chance that I still can get I140 approval?
---- do you mean if Employer sends I-140 withdrawal letter USCIS will approve the I-140? NO, NO I-140 is filed by employer if employer does not want you USCIS will NOT approve the I-140.
*** If possible try to enter a deal with employer and request him if he can help you or you have to start from new LC
painful140
Click to expand...
 
Thank you for your useful information, folks.
I will definately give it a try to send the letter to INS on July 5. Hope I can get some news in the future.

Any advice is welcome for my complicated situation.

Again, thank you very much.

Painful140
 
You dont have to send a letter ON JULY 5TH. You can send a letter right away with an offer from a new company. Then it will be applicable only after July 5th, but you donthave to worry that. Send it right away, there's nothing wrong as long as you are going to join that new company.
 
Bgadicha,
Thank you for your useful information and support.
I will send the AC21 letter these days. just want to know some more information about how can I write this letter.
My lawyer told me it's no hope for my case ( I don't think he will work on my AC 21 letter), but i won't give it up until the last minute. I will try to send it by myself.

When I send the AC 21 letter, do i need to metion that my I140 is still pending? ( do i need to enclosed my I140 receipt?)



Anyone who can give me some ideas or comments are welcome and high appreciated.

Thank you very much.

painful140
 
One rule of thumb :
DO NOT TELL ANYTHING NEGATIVE TO INS.

So, if your 140 is still pending, dont say that. Just say youare moving to a job with same/similar job classification, same salary etc. and etc.
You dont need a lawyer for filing AC21. ITs just on a piece of paper you can write this. There is no standard format also. Just say you are using AC21 portability clause and moving to a new job. Good luck.
 
Bgadicha,

Don't give painful140 false hope. AC21 doensn't apply to his case and it is a waste of time and effort.
What I would do, if I were him/her, is to get H1-B trasfered and look for a company with pre-approved labor to start another GC process as quickly as possible. After all, given all the pilot programs, he/she may get approved before some of us that had waited almost 30 months now
 
Bosko_Djurovski ,
I understand your point. The is what i am doing now, find a new job and start my LC again. meaningwhile, sending the ac21 letter to ins to try my luck. Thank you very much.

Hi, folks,
I had the other problem coming up.
My current compny won't give me EVL states from July5, 2004 ( my original starting date is on June 8). My current salary is 25k less than my previous job.
Is there any way that I still can send the AC21 letter without current EVL?
I do have the job offering letter, but it stated working date from june8,2004

Please give me some commends.

painful140
 
painful140 said:
Bosko_Djurovski ,
I understand your point. The is what i am doing now, find a new job and start my LC again. meaningwhile, sending the ac21 letter to ins to try my luck. Thank you very much.

Hi, folks,
I had the other problem coming up.
My current compny won't give me EVL states from July5, 2004 ( my original starting date is on June 8).
My current salary is 25k less than my previous job.
Is there any way that I still can send the AC21 letter without current EVL?

-----NO ,and you dont qualify for AC21, you are living in false hope. forget that case and start from LC, what do you mean by trying Luck??? do think USCIS does not go by law/regulations/ Memos published by USCIS H.Q? if they are not going by law then every body will try to send any kind of petition/application even if he is not eligible, do you think they will approve it? LUCK is a very good word only if you put a P before it!!!
I do have the job offering letter, but it stated working date from june8,2004

Please give me some commends.

painful140
Click to expand...
 
You must log in or register to reply here.
Top