Employer Revoke I140 and Got 485 Denial Notice.

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niceone

Registered Users (C)
I am seeing online status Denial Notice Sent on my 485 application

a) AC21 Applied - No
b) 485 RD July 18-2007 and ND - Sep 11 2007 - eb3
c) 140 approved yes or no? - Yes (April 2007)
d) New job joining date - Sep 22 2008
e) Has 180 days been completed? - YES
f) Denial Notice date - October 14th 2008

g) Description
Joined the new job(Took full time to same client last month) and today am seeing the denial notice sent update on both myself and my wife 485
I have transferred my H1-B to new employer(approved) and i am working on H1-B (valid upto 2010-Aug)Looking forward to file MTR.I am not sure what's in the Denial notice since i haven't received yet.But I am sure this is because of my 140 revoke.

Please share your view.. (Is working on H1B status is okay?? until I cleared the mess??)

KPR
 
:rolleyes:

Wow thats weird? How can USCIS revoke I-140? Once your I-485 is applied and you switch jobs after the I-485 is > 180 days then USCIS doesn't have the right to revoke the I-140 and they have to send you the NOID for I-485, at which you will send USCIS the AC21 papers.

I am no lawyer, but just what I know from many forums and blogs.

Experts please advice...
 
webchetan said:
:rolleyes:

Wow thats weird? How can USCIS revoke I-140? Once your I-485 is applied and you switch jobs after the I-485 is > 180 days then USCIS doesn't have the right to revoke the I-140
--------------------USCIS can revoke the I-140 and they have the right to revoke I-140 if Employer sends letter to revoke or they find fraud.

and they have to send you the NOID for I-485, at which you will send USCIS the AC21 papers.
----------------------they can send RFE/NIOD or Denial notice. the OP did not inform the USCIS and has not requested AC21.

I am no lawyer, but just what I know from many forums and blogs.

Experts please advice...
Click to expand...
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niceone said:
I am seeing online status Denial Notice Sent on my 485 application

a) AC21 Applied - No
b) 485 RD July 18-2007 and ND - Sep 11 2007 - eb3
c) 140 approved yes or no? - Yes (April 2007)
d) New job joining date - Sep 22 2008
e) Has 180 days been completed? - YES
f) Denial Notice date - October 14th 2008

g) Description
Joined the new job(Took full time to same client last month) and today am seeing the denial notice sent update on both myself and my wife 485
I have transferred my H1-B to new employer(approved) and i am working on H1-B (valid upto 2010-Aug)Looking forward to file MTR.I am not sure what's in the Denial notice since i haven't received yet.But I am sure this is because of my 140 revoke.

Please share your view.. (Is working on H1B status is okay?? until I cleared the mess??)
----------------- you are on H1 till H1 validity.
KPR
Click to expand...

USCIS denied your I-485, as you did not send request to invoke AC21and they know you changed job and they have record of your H1 transfer to new employer. Why you did not request to invoke AC21? now to clear the mess more fee to lawyer.
 
Thanks for the reply Ginnu.

ginnu said:
USCIS denied your I-485, as you did not send request to invoke AC21and they know you changed job and they have record of your H1 transfer to new employer. Why you did not request to invoke AC21? now to clear the mess more fee to lawyer.
Click to expand...
 
They can revoke the I-140 but the revocation should have no effect on your I-485 as long you filed the necessary AC21 documents in advance.
 
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