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mssjan03

Registered Users (C)
My friend's I-485 has been denied stating that INS do not have supporting
I-140 for his I-485.

His situation is as below:

He left the sponsoring company without informing them
and joined company B after 200 days of approval of i-140 and he
did not submit the Ac-21 form to INS.

His sponsoring company informed INS that since they are unaware
of his whereabouts they are not interested in continuing his
I-485 and his I-140 can be cancelled.

He has contacted 3-4 lawyers and they say that it is his mistake
and he should have informed INS using AC-21 or informed his
sponsoring company about his change. He has even tried to contact
offices of Shusterman.

The lawyers have told him that INS gives the option of shifting jobs
but only thru AC-21 and when sponsoring company writes a letter to
cancel i-140 INS look for corresponding AC21 to decide on the case.

Is it true?

At present he is thinking to file motion to repeal and wait.

Any inputs/help really appreciated.

His date is 2002 July/Aug and is not concurrent filing case.
 
Its not clear from your posting whether your friend had an approved I-140 or not. Assuming that he had an approved I-140 and he changed job with same/similar job responsibility and after 200 days of applying for I-485. He should be ok. I don't think you need to inform INS about the job change. Now your friend need to provide a job supporting letters from his current employer. But, he needs to do this as quickly as possible, because he has only 30 days to re-open his case.

Why don't you ask him to take the help of Mr. Rajiv Khanna

Good luck to your friend.
 
It is strange that the 485 is denied without a RFE. Is INS stupid or what. They do not accept a 485 application unless there is an Applicant Number available or 140 is also filed in the same packet. The applicant number (or the A number) can only come from a 140 application being accepted. I am not sure what lawyers he is talking to, but as another poster has suggested, it is not necessary to inform of job change at that time. As long as he files a MTR (Motion to Reopen) within 30 days explaining his situation, he should be fine. It does not matter if there is no 140 available as his 140 was approved and he left job afterwards. Surely he must have some approval notice or atleast a tracking number for 140??
 
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Leaving employers without informing them is not a good idea while the 485 is pending. USCIS might be a little annoyed by that fact and hence the intent to deny. The best thing is for him to contact a competent attorney who can assuage the situation by writing a well-drafted letter to the USCIS within 30 days explaining the circumstances under which he had to leave the sponsoring employer and that now he has a job and can provide employment verification, etc. Good Immigration Attorneys know to phrase sentences that can make a convincing case. Best of Luck.
 
mssjan03 said:
My friend's I-485 has been denied stating that INS do not have supporting
I-140 for his I-485.

His situation is as below:

He left the sponsoring company without informing them
and joined company B after 200 days of approval of i-140 and he
did not submit the Ac-21 form to INS.

His sponsoring company informed INS that since they are unaware
of his whereabouts they are not interested in continuing his
I-485 and his I-140 can be cancelled.

He has contacted 3-4 lawyers and they say that it is his mistake
and he should have informed INS using AC-21 or informed his
sponsoring company about his change. He has even tried to contact
offices of Shusterman.

The lawyers have told him that INS gives the option of shifting jobs
but only thru AC-21 and when sponsoring company writes a letter to
cancel i-140 INS look for corresponding AC21 to decide on the case.

Is it true?

At present he is thinking to file motion to repeal and wait.

Any inputs/help really appreciated.

His date is 2002 July/Aug and is not concurrent filing case.
Click to expand...
Ask him to file Motion To Reopen(MTR). Get a good lawyer too. Hopefully it will be sorted out.
 
Thanks for the responses. He has found a lawyer who can represent his case.

His lawyer was telling him that INS guys are crazy and it all depends on your luck since some do not ask for AC21 and some are so dumb that they go as per laws and that is the reason you see many guys being approved without problems even without submitting AC21 or address change or different names in application, but for some it is a nightmare even though it is a small mistake.

He has also seen some cases wherein INS has sent letters to his clients after GC approval that they have not informed the address change to INS as per laws and they can be deported. It is really crazy.

Thanks friends.
 
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