Green Card Withdrawl

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Arg001

Registered Users (C)
I did recievd the notice form INS stating my I-485 has been withdrawn 2 months before . This is a work of my ex-employer. I did left him after completing 180 days of filing my 485.
It's more that 2 months now since I have requested INS to re-open my case so-far no response. Do u know how long it takes INS to respond such case?


Thanks,
 
Originally posted by Arg001
I did recievd the notice form INS stating my I-485 has been withdrawn 2 months before . This is a work of my ex-employer. I did left him after completing 180 days of filing my 485.
It's more that 2 months now since I have requested INS to re-open my case so-far no response. Do u know how long it takes INS to respond such case?


Thanks,
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Did you have an approved I140 at the time you left your employer?
 
I think the 180 days rule should provide you protection but contact the laywer.
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it looks like Arg001's lawyer has already requested to re-open the case but no response from USCIS. Looks like he is paying the price of someone else's ignorance/misinterpretation.
 
How does someone "use AC-21"?
Is there a form or anything?

AFAIK AC-21 is a Law, what is the procedure to use this Law?
 
AC-21 is short form of The American Competitiveness in the Twenty-first Century Act (AC21). This law gives provision to change your job once I-485 is pending for more the 180 days

There is no form for this It is simply a letter regarding your new employment. Some attorneys include the copy AC-21 act along with that.
 
Originally posted by pingpong02
it looks like Arg001's lawyer has already requested to re-open the case but no response from USCIS. Looks like he is paying the price of someone else's ignorance/misinterpretation.
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This is defnitely a clear case of some officer's (S) ignorance. With all these uncertanties in terms of which officer know what I am not even sure if AC21 can be trusted as a dependable regualtion so that one can have the liberty to change jobs????

This is like SLAVERY!!!!
 
This is absurd to cancel the 485 without a RFE. God only knows what we have to go through. With these incompetent officers around you don't know which way to go, to inform BCIS for changing jobs after 180 days or not.
 
I think if you change jobs after 180 days INS needs to be informed that you have used AC-21.

In case your employer sends a letter to INS stating that xx person has left the job and his I-485 can be withdrawn, INS can match the corresponding I-485 with Ac-21 and continue with his I-485 with the new employer.

If you do not send AC-21 and if your ex-employer sends a letter to withdraw, INS blindly withdraws this since there is no AC-21 to support the case.
 
Arg001, you should hire a good lawer

Arg001, you should hire a good lawer.
After you get your GC approved, you can claim back the lawer's fee from BCIS because this was their fault :)
 
Originally posted by mssjan03
I think if you change jobs after 180 days INS needs to be informed that you have used AC-21.

In case your employer sends a letter to INS stating that xx person has left the job and his I-485 can be withdrawn, INS can match the corresponding I-485 with Ac-21 and continue with his I-485 with the new employer.

If you do not send AC-21 and if your ex-employer sends a letter to withdraw, INS blindly withdraws this since there is no AC-21 to support the case.
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This is not necessary according to AC21 regulation. Even if you do not send that BCIS cannot withdraw GC though the company withdraws that. Having said that it is purely the individual officer's mis(ssssssssssssssssssssssssssssss)understanding and it is us who pay the price for that......

So the moral of the story is that try to stick with your original job as much as possible and if you have to change for unavoidable reasons pray to god that a) your GC should not be withdrawn b) you do not get RFE c) your case does not get transferred....

This has become of late a pure game of luck and I hope all our stars are bright enough to support us.:confused: :confused: :confused:
 
I was searching shusterman.com and found the following
Question #4: Could a former employer, who initially sponsored my green card, revoke its sponsorship and jeopardize the green card process for the person who used portability to change his/her job?

Carl Shusterman: The way I read the law, the petition would remain valid as long as INS fails to adjudicate the I-485 within 180 days whether or not the first employer attempts to revoke the petition. Again, however, we will see whether the INS agrees with this interpretation only after it has published the regulations.

And I saw further down the chat he has mentioned that there is no regulation and BCIS guys are interpreting in their own way.

Do any of you guys know anything about BCIS regulation?
 
Yes. As far as I remember there was a clarification issued around 4 months back regarding this. There was also a link on this forum.
 
They can revoke only I140

They can revoke only I140, and only before 180 days of 485.
485 is our application, and employer can not withdraw it.
 
If it is our I-485 then why does BCIS needs to know if we are working with the same employer or not and what is the need for AC 21 if I-485 is not related to the employment.

I think the entire process of GC is related to employment.

If that was the case then there was no need for future employment worries?

Experts can shed light
 
Yes. I could read this pingpong02 it clearly states that AC 21 clause.

I think we need to enclose this along with AC 21 in future for these useless BCIS officers instead of they interpreting it wrongly.
 
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