Ginnu,UnitedNations.RealCanadian Please help

H

HaveMercy

Registered Users (C)
Hi

I have been regularly posting on this forum
But anyway let me give u all a recap of my case...

Note: My new company's lawyer is the same as old company's lawyer...

1. Mine is a labor substitution case(EB2)
2. I140 approved on Mar 2004
3. Changed Job after I485 has been pending for more than 240 days
4. Employer sent I140 cancellation on July 2004
5. I Sent Ac21 documents on Aug 2004
6. On March 22, 2005 (this week) my lawyer go letter saying I140 is revoked
7. My I140 status message still says Case Approved blah blah
8. My I485 message still says FP received case resumed

I know that Ac21 protects people who are in this scenario

but my questions are

1. since mine being a labor substitute. will that cause any problem for my case.(very important please answer this)
2. When they are able to send a letter saying I140 is cancelled then why they did not send Noid or rfe or denial for I485... Is this normal?
3. R they not supposed to keep both I140 and I485 together and process them at the same time in a scenario like this..
4. Any guess where my files will be now..given the fact that my lawyer received I140 cancellation letter yesterday (Mar 22, 2005)..

I thank you all in advance.. Please kindly bear with my questions
 
HaveMercy said:
Hi

I have been regularly posting on this forum
But anyway let me give u all a recap of my case...

Note: My new company's lawyer is the same as old company's lawyer...

1. Mine is a labor substitution case(EB2)
2. I140 approved on Mar 2004
3. Changed Job after I485 has been pending for more than 240 days
4. Employer sent I140 cancellation on July 2004
5. I Sent Ac21 documents on Aug 2004
6. On March 22, 2005 (this week) my lawyer go letter saying I140 is revoked
7. My I140 status message still says Case Approved blah blah
8. My I485 message still says FP received case resumed

I know that Ac21 protects people who are in this scenario

but my questions are

1. since mine being a labor substitute. will that cause any problem for my case.(very important please answer this)

for AC21, it does not matter
2. When they are able to send a letter saying I140 is cancelled then why they did not send Noid or rfe or denial for I485... Is this normal?

very normal... if use multiple LUDs on the 485, then most likely they will deny it. online message will however not change. u should receive 485 related correspondence in 2 weeks.

3. R they not supposed to keep both I140 and I485 together and process them at the same time in a scenario like this..

what do u mean by keeping together? Monitor the LUDs and check with your attorney if he receives 485 related info. before you.
4. Any guess where my files will be now..given the fact that my lawyer received I140 cancellation letter yesterday (Mar 22, 2005)..

files will remain where they were before: on the shelf of USCIS...I thank you all in advance.. Please kindly bear with my questions
Click to expand...

one imp note: it seems u met the conditions of AC21, so u r fine and safe. if they deny ur 485, do a MTR and u will be successful
 
HaveMercy said:
Hi

I have been regularly posting on this forum
But anyway let me give u all a recap of my case...

Note: My new company's lawyer is the same as old company's lawyer...

1. Mine is a labor substitution case(EB2)
2. I140 approved on Mar 2004
--- when did you file your I-485?? what is the RD of I-485??????
3. Changed Job after I485 has been pending for more than 240 days
4. Employer sent I140 cancellation on July 2004
5. I Sent Ac21 documents on Aug 2004
6. On March 22, 2005 (this week) my lawyer go letter saying I140 is revoked
7. My I140 status message still says Case Approved blah blah
8. My I485 message still says FP received case resumed

I know that Ac21 protects people who are in this scenario

but my questions are

1. since mine being a labor substitute. will that cause any problem for my case.(very important please answer this)
2. When they are able to send a letter saying I140 is cancelled then why they did not send Noid or rfe or denial for I485... Is this normal?
3. R they not supposed to keep both I140 and I485 together and process them at the same time in a scenario like this..
4. Any guess where my files will be now..given the fact that my lawyer received I140 cancellation letter yesterday (Mar 22, 2005)..

I thank you all in advance.. Please kindly bear with my questions
Click to expand...
 
HaveMercy said:
I140 approved on Mar 2004
My RD/ND for I485 is OCt 28 2003
Changed Employer on Jun 30 2004
Click to expand...
------------ you are eligible for AC21, your lawyer can file MTR
 
Hi Have Mercy,
I had the similar siutation as yours. I got both my wife and my 485s approved. here is my answer to your questions, don't worry about it.
HaveMercy said:
Hi

I have been regularly posting on this forum
But anyway let me give u all a recap of my case...

Note: My new company's lawyer is the same as old company's lawyer...

1. Mine is a labor substitution case(EB2)
2. I140 approved on Mar 2004
3. Changed Job after I485 has been pending for more than 240 days
4. Employer sent I140 cancellation on July 2004
5. I Sent Ac21 documents on Aug 2004
6. On March 22, 2005 (this week) my lawyer go letter saying I140 is revoked
7. My I140 status message still says Case Approved blah blah
8. My I485 message still says FP received case resumed

I know that Ac21 protects people who are in this scenario

but my questions are

1. since mine being a labor substitute. will that cause any problem for my case.(very important please answer this)
---- My is EB3 Sub, too. there is no problem if you use Sub or original LC.
2. When they are able to send a letter saying I140 is cancelled then why they did not send Noid or rfe or denial for I485... Is this normal?
--- it's a good sign you didn't get any NOID, so INS probably is still processing your case. I had the same situation before. When i knew my case 140 was revoked, i was also wondering why i didn't get NOID or deny letter? Then, a month later, i just got 485 approval emails.

3. R they not supposed to keep both I140 and I485 together and process them at the same time in a scenario like this..
--- not pretty sure about your question, but i didn't see anything wrong with your scenario.
4. Any guess where my files will be now..given the fact that my lawyer received I140 cancellation letter yesterday (Mar 22, 2005)..
--- which service center are you apply 140/485? mine is in CSC, so i called CSC emergency phone number to ask about 485 after I got revoked notice, and the person who pick up the call just told me my 485 is still with officer. you may want to try this to see your lastest update 485.

Again, I think you qualified AC21, so don't worry about it. I knew the other case had the same situation like ours. Then, he got 485 RFE, and he replied by using AC21,he just got approved recently. So, you should not worry...
Hope my experience can help you.




I thank you all in advance.. Please kindly bear with my questions
Click to expand...
 
Help!

Hi all,
I am currently holding an H4 visa (under my dad's H1B1). My H4 Visa expired in may 2004, However my i-94 has been extended till may 2007. Since i was born in Dec 1983, the attorney says that i may not be eligible for green card or any status through my dad as i will be over 21 years of age. My concerns are:

a)what shall i do and where shall i go after may 2007? I have no relatives elsewhere!
b)What will be my status after may 2005?

Further, i will graduate with an Associates in Accounting in the coming summer.

c)Can any company sponsor me under H1B1 and can it be guaranteed?
d) Is there any possible way for me to stay which i can start doing from now only to avoid later issues?

All advise n replies will be appreciated!
Thanks
LMR.
 
hI painful140

Thank u so much for ur assuring words... I do hope that they give me approval without rfe or noid since i already submitted AC21 documents... My case is filed at VSC..Actually i observed one thing CSC center is very clear on this AC21.. But NSC and VSC there is no particular pattern they are following.. Sometimes they are denying I485 straightway without rfe or noid.. Sometimes they send rfe or noid..

I hope everything turns out well
 
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