Company withdraw I-140....Any idea???

[painful140]

Hi everyone,

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


Painful140

 

[Sabu]

First of all Don't panic. There will be some way. As far as I know, if USCIS is going to act on the withdrawal, after 180 days (means after July 4th, 2004), you will be O.K.

That's what I heard. Hope for the best.

naanshi.

 

[painful140]

Naanshi,
Thank you for your support.
The company have sent the withdrawn letter to INC last week and stated that I was only employed until June 1, 2004.
Under this kind of situation, my I485 <180 days.
(1) If I use AC21, is my I140 still valid? Will my I140 got deny because the company sent the withdrawn letter?
(2) 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?)

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.

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

Thank you very much.

painful140

 

[Sabu]

painful140,

First of all, your situation is very complicated and you have to just try your luck. It MAY or MAY NOT work. But any way You have nothing to loose.

(1) If I use AC21, is my I140 still valid? Will my I140 got deny because the company sent the withdrawn letter?
=> Till you get your I-140 denial letter, your I-140 is valid.

(2) 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?)
=> AC21 law does not say anything about I-140. Just mention about your I-485 is pending for more than 180 days as of July 05, 2004.


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.

=> Your lawyer is correct. But no harm in trying till the end.


All the best buddy.

nanshi.

 

[an_anonymous]

Naanshi,

Doesn't AC21 memo say that you should have a approved I-140 to take advantage of 180 day rule??

I wish it is 180 days with or without a 140 approval.

Any thoughts??

 

[Sabu]

an_anonymous,

It is a million, sorry billion dollar question. Nobody knows the exact answer for this.

The main aim for the AC21 law is that nobody should be able to control the I-485 applicants after 180 days. Mainly the employer. But I feel this includes USCIS also. If they don't process I-140 within 180 days then we should be able to take advantage. We are not supposed pay for some body's slow processing.

Some attorneys say that AC21 memo(not law) deals with only the Validity of approved I-140 petition, not the eligibility of using AC21. We can surely win in the court. But how USCIS will process these cases, nobody knows.

Just my views. I may be completely wrong.

naanshi.

 

[candie]

One more approach is to sue BCIS

All the problem is caused by CIS's disordered approval. They approves new I-140/485 application (pilot program) at the cost of many old pending I-140/485. Even more, the director of CIS does not allow old applicants to withdraw and refile to take the benefit. This is unfair treatment and should againt some federal laws. Look for a good attorney and sue BCIS. As a layman, I guess you should win the case. Further information:


From: http://www.immigration-law.com/
05/14/2004: California Service Center Concurrent Adjudication Pilot Initiation and Warning Against Abuse

We reported earlier that the California Service Center was launching I-140/I-485 concurrent adjudication pilot program for the concurrent I-140/I-485 filing cases inasmuch as it is non-National Interest Waiver case and filed after certain date. Qualified cases were supposed to be adjudicated in less than 90 days.
Apparently, CSC is concerned at this time that those who have already filed concurrent I-140/I-485 cases or I-140 petition alone may withdraw the pending cases to refile a concurrent I-140/I-485 case to take advantage of the pilot program.
AILA reports that CSC will not take such withdrawn-refiling cases qualified for the pilot program and will not adjudicate such cases concurrently. It appears, though, that such decision may raise a legal question of arbitraniness in administration of adjudication function. It may also raise the issue of "equal" protection and fairness. The agency may create a "class" without permissible legal justification or constitutional basis just as seen in the "Francis" decision. We'll see.