Have you ever faced this situation ?

[kvpt_mm]

I applied for my green card, Filed I140/I485/I765 concurrently using substitute Labor in Vermont service center during March 2003 and i have my I140 approved on July 9th 2003 along with my EAD and later my I131 application too.

Changed job after 9 months of receipt date of (March 26th 2003) and started using my EAD at my new employer for same kind of job duties and currently working with them

Recently USCIS sent a letter to my green card sponsoring employer that they revoked my approved I140 because they used the same LC for another benefeciary , so automatically it revoked my I140 petition based on section 8 CFR 205.1(a)(3)(iii)(C) .

And also , my approved I140 online Case status and pending I485 online Case status were never changed on or after USCIS sent the letter to my attorney. I was completely clue less what is happening in my case.

When i spoke to my attorney and employer about this, they completely denied using same LC for another benefeciary in the company and sent a letter to USCIS reinstate my approved I140 as it is a mistake from USCIS.

I am wondering whether anyone has faced this situation before.

Please advise me.. thanks in advance

 

[cinta]

Ac-21

Your situation occured because you never informed US CIS about your job change. The danger is when the I-140 is revoked by your ex employer (before or after 180 of filing I-485, see later memos on AC-21) and when an employer is using an already approved LC. Yes, they have the legal right to do so if you leave them...i.e. they can re-use the LC. It is not yours, it is theirs! So whether they did or not, intentionally or not, the law provides for them to do it (I believe) and the burden was/is on you to let them know about your departure......................................................................................................................

Suggested reading:

http://www.entertheusa.com/publications/movable_feast_aos_portability_ac21.pdf

http://www.entertheusa.com/publications/parting_is_such_sweet_sorrow.pdf

http://www.murthy.com/news/UDportme.html Memo on AC-21 / analysis

 

[sb_tiger]

AC21 rules clearly state an approved 140 can not be revoked if 485 is pending > 180 days. The "August Memo" clearly states- if an employer attempts to revoke- You will get RFE. So informimg BCIS upfront is not necessary.
This situation is a screw up by BCIS - they should be able to correct it.
Good Luck.