H1 revokation during i -140

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tammy2

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H1 revokation during i -140

My I-140 was applied in June -2002. The I filed my I-485 with AP and EAD. I Got my EAD in October-2002.

Mean while my company HR wrote a letter directly to INS stating that My H1 should be canceled. They thought I will use EAD.

Same process was done to three of the employees. One of us got letter from INS last week stating his I -140 is cancelled.

Today I got a message from AVM my H1 is revoked.

I do not know what will happen. Our attorney is saying nothing will happen because GC is for feature job. H1 revocation letter is not at all related to your i-140 proceedings.


I do not know what to do.
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IzabellaX
 
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Hello,

Did you check online?
My old lawyer sent H-1 cancelletion in Feb. 2002 but seems that it hasn't been cancelled since online message still shows" H-1 is approved.."

please let me know.
 
Your lawyer is right. They are two separate process. Cancelling H1 won't affect your GC at all.

However, from your own perspective, it is better to have a H1 because it can keep your status when you GC is denied.

I don't understand why your company wants to cancel your H1 because there are no advantage for them to do so and they can be in trouble if they let you work after your GC is denied.

Unfortunately, since your H1 is already cancelled, you have to rely on your 485 and pray that it will get approved. Of course, you can still apply for a new H1 but your company probably don't want to do that?

Good luck!
 
"Your lawyer is right. They are two separate process. Cancelling H1 won't affect your GC at all. "

Yee Man Chan,

What if employer withdraws the H1 extension for 7th year due to termination of employment?
AOS/AP/EAD filed Dec-2002. No EAD/AP approval yet but FP notice.

thanks,
freeman11
 
are freeman and tammy the same person? from what I gather freeman is ok. All freeman has to do is file w-9 to show EAD as status and diligently renew EAD.

For tammy too it is the same situation. GC is for the FUTURE job which means that the current job situation will not affect GC processing, which is 90% accurate statement. Since it is more than 6 months from June 02, and you have EAD, you should be able to exercise AC21 and move on.

If they do that every employee on their roll, then you guys should gang up and report to INS about this unscrupulous employer...
 
Jaxen We are not same.
Infact My situation is worsoned becouse they laid me off. I have filed for new H1 now. I do not know what INs will do. Recently My friend's 485 was revoked as his approved 140 was revoked. INS people are visting our houses. Since I have applied for new H1 no problem of deportation but i am worried about my GC. Recently one of myco-worker was sent out of country since he was working on EAD and did not have H1.
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Medical marijuana
 
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it is I9

not w9...
Wow Wow tammy, you are hurtling stones here...
Just because 140 is revoked , 485 cannot be revoked, With AC21 you can always find another employer and similar job and still continue GC...
INS people visiting your houses is no big deal. You have to consult a good immigration lawyer...
How can one be sent out of country for working in EAD.
Dont convert special registration and other issues into a EAD hell kinda situation...
 
It is not special registration. My company informed INS That I-140 is revoked. Believe me we have one of the well-known attorney in the immigration circles. INS person said these people were laid off before 180 days of i-485 , Hence denying their i-1485.

He said like within 3 to 4 days. they should go out country. Other wise he will issue an NTA. They had job working on EAD. These people did not have H1.

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Colorado medical marijuana dispensary
 
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If the company did revoke the 140 within days of 485 RD, then this can be a landmark case indicating what INS has in mind for additional regulations for AC21. Is AILA involved? And INS sends an intent to deny first, before denying and you always have time to appeal...
Please understand that EAD did not cause the problem, so dont blame EAD
 
He said like within 3 to 4 days. they should go out country. Other wise he will issue an NTA. They had job working on EAD. These people did not have H1.


I do not know whether AILA is involved or not. Revocation letter for their I-140 was received just before 180 days. Actual revocation took from INS after 180 days. Ultimately adjudication of 485 was done after 180 days (Denied). INS sent all cases to local office. Local officer took decision on this.

They informed them since 'you don't have H1 and 485 is denied you are out of status'. Leave country within 2-3 days. Other wise ready to issue an NTA.

Attorney was telling officer do no know or do not accept AC-21.

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Weed Tracker
 
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tammy2:

Regarding your friend case whose I-485 denied:
1 Company cancelled H1
2 Company canceled I-140 or INS revoked I-140
3 your friend was working with the SAME Company

How can he use AC21 while he was working with the same employer who filed I-140 and I-485 was the base of that I-140? AC21 would have applied if he had joined NEW employer in similar job and would have produced a letter from new Employer. He was working with the same employer who revoked H1 and then I-140 got revoked according to employer request and at the time of adjudication of I-485 he was with the SAME employer
I hope INS has not done anything wrong in that case. The company is responsible for this case denial.
When adjucation was done after 180 days, if your friend had joined new employer in similar job than only he would have used AC21Portability, INS officer can not accept AC21 portability in that situation, Because there was no new employer for the portability of job.
 
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