Ead Renew Rejected, I-485 Is Withdrawn

K

kusumkamal

Registered Users (C)
Guys Please help me.

I-140 Receipt Date 9/8/2002 Approved on 12/16/2003
I-485 Receipt Date 12/11/2002 Pending
1st EAD applied 12/11/2002 Got 1st EAD Expires 12/18/2003

Got Laid off by previous company 31st March 2003
Got Another Job 6/5/2003

Filed AC-21 in June 2003

Applied for EAD Renewal on 7/28/2003
Got Letter from INS on 9/30/2003 saying your EAD cannot be renewed because record indicates that my I-485 has been withdrawn by the previous employer. Date of withdrawn is not mentioned.

Can anyone advice what can be done in this case ?
 
what's your I-485 online status?

sorry to hear about your situation..

could u let us know your I-485 online status?
is it saying the case had been withdrawn?

good luck!
 
Have you hired different attorney? Or is it same attorney. Just want to know that who sent your AC-21 letter. What was the content of AC-21 letter? Because Company can revoke I-140 not the I-485. I485 can be revoked only you the applicant. Please write the exact wording in the denial letter.

You may contact Longgc or some one who have gone through similar stages. Post it VSC I-485 forum you will get good suggestions and responses.

Please mention your I-140 AD ,first EAD approval date and service center
 
Reply

I-140 Notice Date 8/9/2003 Received Date 9/8/2003
1st EAD Approval 12/18/2003
Service Center Nebraska

I-485 online status Pending


Wording in denial letter

This notice refers to your Application for Employment Authorization (Form I-765) filed on July 28 2003 in which you are requesting employment
based upon your filing of pending application for adjustment of status to lawful permanent resident under Title 8, Code of Federal Regulations
(8CFR) 274a. 12(c)(9). Upon consideration, it is ordered that the request be denied for the following reasons.


8 CFR 274a. 12(c)(9) state in pertinent part:

Any alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter may apply for
employment authorization during the period that application is pending

Your application for adjustment of status to that of lawful permanent resident was denied on July 9, 2003 and therefore is no longer pending before this service. Accordingly your application for employment authorization must be denied as metter of law.

There is no legal appeal to this decision. The denial is without prejudice to any future filing of an application for employment authorization under
any section of law for which you feel you may be eligible.


Sincerely

Terry E Way
Director
 
July 9th Date was mentioned in the letter that was sent for my wife. However date is not mentioned in my letter
 
Re: Reply

Originally posted by kusumkamal
I-140 Notice Date 8/9/2003 Received Date 9/8/2003
1st EAD Approval 12/18/2003
Service Center Nebraska
Click to expand...
Should it be 2002?
I-140 Notice Date 8/9/2002 Received Date 9/8/2002
1st EAD Approval 12/18/2002.
----------------------------------------------------------------------------------
I think it is I-140 revocation. Try to get information that whether your ex-employer has sent any letters. If so when did he send letter. You need to act fast and need to file MTR or take some other action. In fact only one-month time is there to file MTR. But since you have not received any denial letter from BCIS talk to your attorney.

Search for Longgc 's name on the forum. You can gather info from him.

Talk to your old company or company layer
 
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Sorry the year is 2002 and not 2003

I got laid off on 31st March 2003 at that time my previous company told me that they will send a letter to INS to withdraw my application for Greencard application. However I am not sure within how many days letter was sent.


However I approached a new lawyer and we have sent a letter AC-21 mentioning that my application for I-1485 was filed on November 12 2002 and I have joined a new company on 5th June 2003 and I can maintain my greencard status on the basis of compiled with 181 days rule.

So I think my lawyer had taken all necessary step in this regard.

I am not sure how MTR helps in this case could you please explain in more detail. However I will be talking to my lawyer about this.
 
kusumkamal, Sorry to hear about this.

Did you check your I-140 online status?

In my understanding, the date that your previous employer revoke your I-140 is very important. IF at that time your I-485 has been pending more that 180 days, I believe that you still have a good chance, find a good lawyer. Otherwise, you may need to keep a legal status.

take care
 
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I-140 Online status approved on 12/16/2002
I-485 Online status for me shows application is pending
I-485 Online status for my wife shows 7/9/2003 they have mailed
a notice acknowledging withdrawal of this application. This withdrawal completes all action on this application.

I am not sure what does it mean ?
 
There is remedy -Reappeal

Hi Kusumkamal,

I understand you're in a bad situation. But you can certainly overcome it, provided, you act quickly. Some of things you need to take care of rightaway are,

- meet with your attorney immediately - and see if he can find out when the I-140 was revoked. This is extremely important - becos if that was done prior to 180 days after I-485 filing, then the case is even more tight. But either way, a good and capable attorney, should be able to justify your case even if its revoked prior to 180 days. Since quite a few people have still got their cases approved inspite of invoking AC-21 prior to 180 days.

- if the attorney is a good one, he will tell you immediately to file for another H1 - to maintain your status - this he will do simultaenously along with your appeal.

I still strongly feel your case has a good chance because you have volunteered to send notice to BCIS stating your job change(AC21). Remember, a good attorney is the key and act fast as you dont have much time.

Good luck!

-MrCoolz
RD:11/27/02
 
kusumkamal, you should call INS, tell them your I 140 approved on 12/16/2002, I-485 pending.

It could be a mistake By INS!
 
we are talking of 180 days.

Employer can revoke I-140 within 180 days from the date of filing I-485. In my letter they have not mentioned the date when it was withdrawn. However it is mentioned that in my wife's letter that it was withdrawn on 7th July 2003 on that date I am completing 180 days as well as I have already sent a letter AC21 prior to my withdrawal of I-1485 then why they did not consider.


Because I am understanding that the company has send a notice within 180 days for revoking from the date of filing I-485 and they are considering the letter receipt date which are < 180 days from the date of filing I-485 and not the date 7/9/2003 when the case was withdrawn.



So I am not sure the receipt date for withdrawal that is 7/9/2003 is counted for 180 days or date when INS received a letter from the company is counted for 180 days


Please someone know about this.
 
So I am not sure the receipt date for withdrawal that is 7/9/2003 is counted for 180 days or date when INS received a letter from the company is counted for 180 days
Click to expand...

I think it is latter, but I could be wrong. Anyone know about this, please post your opinion.

So you think NSC didn't update your I-140 online status after revocation.

Talk to your lawyer, find out exact answer.
 
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Per August memo it is date on which company sent the letter. But when I was talking to attorney he said this is just memo will not stand in the court. He said date upon which BCIS takes the action is important. I think good a attorney can handle this.
 
Ofcourse I am going to ask my lawyer. However this letters were received Friday evening when I come from the Office and Saturday, Sunday no one works. I will talk to my lawyer the first thing I will do on Monday morning.


However I have checked with another lawyer when my previous company told me that they will send letter to INS for revoking my Greencard. I asked him what happens under such case.

He told me that normally INS will send a letter to an applicant for such revocation.

Now my question is when they say that the application was withdrawn on 7th July and they have mailed a letter to me, what does it mean, did they mail to a lawyer or to myself and if it is to me then I have not received any letters from INS and I think my new lawyer also has not received any such letter from INS.

I don't understand how they can cancel without applicant's knowledge.
 
In my case since all my applications including I-140, EAD and I-485 was filed by previous lawyer who was representing me through my previous company

Since my I-485 is withdrawn, my current lawyer did not get any letter from the INS and he says that INS must have sent some documents before withdrawal to my previous company lawyer and he asked me to get those letters from company's lawyer. However company's lawyer is denying to give any such documents since he is company's lawyer, he cannot give such documents without company's permission.

However my current lawyer talked to previous lawyer and said that he need company's permission only when if someone is asking details upto I-140 and not for I-485 so he doesn't need any company's permission in sending such details.

So far I have not heard anything, I think my layer is waiting for the reply to get the reason for I-485 withdrawal before taking any further action and he says that the previous laywer has no right for not giving information for your I-485 since he is representing my case.


I am not sure what is going to be the next step, anyone would know ?:confused:
 
* Try local INS office - in some cases they may be able to help, they may not be able to give any documents but may be able to tell you why your case has been denied
* under FOIA freedom of information act you will be able to get all documents about your case from BCIS but it may take 6-12 weeks
* you need to file MTR (motion to reopen) preferably within 30 days to reopen your I-485 case but you need to know what was the reason for denial
* sounds like your previous employer revoked your I-140, they may have sent the letter before I-485 + 6 months was over. In that case your chances are slim but it is still doable by a good attorney.
* as soon as you get to know what the reason was, consult top notch immigration attorneys to see if they can reopen your case. Hire the one who had successfully handled cases like yours.
* immediately apply for H1B if you don't have it
* you will find examples of similar cases in
http://www.immigrationportal.com/showthread.php?s=&threadid=94547
http://www.immigrationportal.com/showthread.php?s=&threadid=34148
http://www.immigrationportal.com/showthread.php?s=&threadid=82082
http://www.immigrationportal.com/showthread.php?s=&threadid=80254
http://www.immigrationportal.com/showthread.php?s=&threadid=85032
http://www.immigrationportal.com/showthread.php?s=&threadid=87566
http://www.immigrationportal.com/showthread.php?s=&threadid=54029

you might want to pm some of the folks in the same boat for advise. Good Luck
 
Does it mean, currently I am out of status. I cannot work on my EAD which I have and is valid till Dec 2003.

I spoke to my lawyer and he says that I have to go for MTR provided he knows the reason for denial of I-485 or withdrawal of my application.

I am not sure at this time what is the best course of action for me.
 
Are working on EAD? If so please aware that you cannot work on that once your I-485 is denied. Apply for H1 ASAP. I am not scaring you but it may really become a problem. In my last company similar things were happened. I do not want any one to go through the same (These things should be available in my earlier posts).
Apply H1 immediately. I am sorry if anyone feels that I am scaring you.
 
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