Effect of I-140 withdrawal on I-485 & EAD

M

Mishra

Registered Users (C)
Gurus:

My orginal GC sponsher withdrew I-140 petition. How does this affect my EAD or GC?

I-485 filed : Dec 2001.
Lay Off : March 2002.

Working on EAD ...informed INS about change of employer in Nov 2002.

EAD Renewal filed Dec 2002 => pending .

I-140 withdrawal request acknowledged by INS on March 6 , 2003 as per online status..


Will this I-140 withdrwal affect:

1. EAD
2. I 485

Everyone's view is solicited..

thanks,
Mishra
 
some employers have bugs in their ass. Law does not require that employer revoke I-140 (unlike H1). there is no liability or penalty for not revoking I-140.

AC21 says that revocation of I-140 to have no effect on pending I-485 if revocation is processed after 180 days from filing of 485. Meaning, if INS acts on the revocation within 180 days... 485 is gone. Otherwise, 485 is ok.

please talk to a lawyer.
 
Goodsaint,

I filed I-485 and everything else throught my company's lawer. Just wondering what if I switch job under AC21 after 180 days. Do I need to find another lawyer and inform INS the change of contact in case of a future REF being issued so the letter would be sent to the new lawyer? Thanks for any enlightenings!
 
check murthy.com for more on this.

Also get your current lawyer to be ready with a good explanation to provide to the INS about you not getting affected by the withdrawal since you are under AC21...
I remember reading on the chat archives of murthy.com that if more than 180 days have passed and the employer tried to revoke I-140/I-485 etc. the employee is still in status.
 
You can talk to the lawyer if he is interested in representing you after you leave the employer. Of course, you will have to pay him. Otherwise, he is gonna send a letter to INS withdrawing his representation. After that, INS will send all the communication to you directly until you hire another lawyer and he sends form G-28 to INS (to inform INS that he is representing you).

After withdrawing the representation, if the old lawyer receives a communication from INS, he is bound to communicate with you in timely manner (or forward the letter to you).
 
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