I 140 denied at the time of I-485 approval

S

srivatsa

Registered Users (C)
Hi Guys,

Ins approved I-140 on Aug 2001(After RFE) and an approval notice was mailed to me. As a subsequent step filed I-485 on Sep2001 and got EAD and Advance Parole.

After 13 months INS came back to me and said that "due to clerical error I-140 approval notice was mailed to you and it appears I-485’s were accepted in error. We will refund I-485 money at later date".

Mean while I used up all my six year term of H1B time what should I do at this time?.

Series of events:

Applied Alien Labor Certification on March 1998. Labor certification states that the Minimum education and experience for a worker to perform job duties are B.S. in Computer Science and two years respectively. I have B.tech and M.tech In mechanical engg.

1. Labor certification approved without any problem around june 2000
2. I 140 applied in july 2000
3. got i-140 RFE in June2001 (Labor cert states that degree required is Btech compurt science but acadamic credentials shows that Btech in mechanical engg)
4. Replied to RFE in July2001. got I-140 approval in aug2001.
5. Applied I-485 on SEP2001, got EAD and AP in NOV2001, Finished FP in Jan 2002
6. Oct23 2002 got the above mentioned letter saying that I-140 approved was an clerical error.

Please suggest me what can be done at this stage? Can I fight with INS on this issue or should I approach congress men or senator?? any legal action is possible on INS. Please provide sincere thoughts on this issue.

Thanks
 
I remember reading somewhere, if INS makes an error - it cannot then at a later date rectify that error to the detriment of the applicant. In your case this is what it seems to be. Best would be to get a damn good attorney to take your case. Hope it works out......

Sue the INS if need be............ It would seem ludicrous that you should have to suffer for some so called 'clerical error' by the dimwit that processed your application.

If I find the link will post it here.........
 
Srivatsa

I am in the same situation. My I-140 was approved in August 2000. They sent a Intent to revoke in October 2002.My Lawyer is sending the response with educational evaluation from two renowed evaluators.
 
How can INS revoke an approval of i-140. Can we not sue them for doing this? There has to be a recourse..who the hell is going pay for all the lawyer fees/expenses incurred and the valuable time lost by an applicant as a result of their mistake. By the way, were they not supposed to have checked all these during Labor Certification. The reason I feel so strongly about it is that I had been thru RFE's already in labor and i-140 stages and cannot take anymore of these. I appreciate you sharing the information. Please keep us posted on further developments.
 
First of all my sincere thanks to everybody who posted the reply. Can anybody suggest the best (Top Line) lawyer to deal this kind of case?
 
Srivatsa - sorry to hear that your case turned out not as expected. Meanwhile, why don't you start contacting the lawyer that prepared your LC and I-140? Or probably my questions is who prepared your LC and I-140?
I am curious as why the I-140 approval was mailed to you. I-140 approval would normally be mailed to the lawyer or the company, as I-140 belongs to the company.
Don't act alone - talk to the people who are sponsoring you in your company (your manager/supervisor), and proceed from there.
 
In Such circumstances , when the case gets complicated and you need to hire very compitant lawayer like Sheela Murthy or Rajiv Khanna , how can we do this ? For e.g I am in Buffalo , Sheela and Rajiv are in Washington area. If they have to accompany their client for Interview how can it be done. People throw some light here.

IS it advisable to hire a local attorney so that he can come with you for Interview.
 
Re:InidaToday

THere was post by Rajiv Khanna on this topic of accompanying the applicant incase of an interview and he made it clear that 99% of cases don't need his presence but incase they need him, the INS/ASC can contact him on his mobile ph# that he gives to the applicants going to the interview.


Also, it would be a good idea to send a personal email to Rajiv da man.

His email is rskhanna@immigration.com


Let us know, when u hear from him.
 
I filed AOS on my own after some disagreement/argument with Company Attorney. My Manager /HR will give me employment letter at any time as they need my services, I am unlikely to recieve any help from Attorney and neither would I like to ask him for anything , but in case INS asks anything about priviously Approved I-140, what are my options ? I-140 belongs to company and attorney is involved in that.

As a last option could I invoke(if it came to that) AC21 and submit similar job offer from the new employer ? Once I am not with current employer, I couldn't submit any required document from the current employer and only thing that i could give it to them would be similar job offer letter.
 
Fight the good fight and keep us abreast of developments

I was shocked and disturbed to read your and SRAMASUB1's posts.
Will we ever be free to live our lives and enjoy and contribute to
America without wondering whether we too will get struck by
a bolt out of the blue from the INS?

How can they turn around and say "incidentally, your green
card is revoked because we're reversing a decision we made
a year ago"? That's just wrong.

Can both of you clarify some things?
- You both had your green cards approved when?
- Were you both EB2s or EB3s?
- SRAMA - when did you get I-140 approval? 2000 or 2001?
- Are either of you from Pakistan?
- SRAMA - was your degree also in mechanical engineering?

Chief on my mind is "why now"? What has prompted INS to
go back and - effectively - change the rules of the game
after the final whistle has been blown? One wonders whether
they will do the same for AC21ers and say, "these are the new
rules and they're retroactive - and you didn't follow them
18 months ago, therefore we're revoking x thousand green cards."
(Dons conspiracy hat: mayve INS deliberately didn't publish
AC21 rules so that it can get rid of tens of thousands...)
Is it the economy? (Only 60,000 out of 195,000 h1bs have
been issued this year)
Is this pressure from American labor unions against H1bs?
Or political pressure? Is this an off-shoot of the audit?

I hope you guys retain good lawyers and fight this. If there
is nothing more to your cases, and you haven't violated
any laws, I encourage you to fight this and I hope you
prevail.

Good luck
Chukka Chicken Checkin' Out:) :rolleyes: :( :mad: :eek: :cool: :)
 
Most likely the clerical error was sending you the latest letter. Call them to clear up and you will be alright.
 
Hi Chicken65,

I didn't get approval notice at all. I hoped for approval any moment that's when I got notice saying the approved I-140 was denied.

I am under EB3 category, MTech Mechanical from India

Filed Labor March 1998
Labor approved July 2000
I-140 approved Aug 2001
Filed I-485 Sep 2001
Green card -- who knows?
 
Srivastva

How come the I-140 approval notice was mailed to you ? I-140 belongs to employer and it would be mailed to Employers attorney. could you clarify this ?

Also did you filled AOS by yourself ?
 
It's ridiculous

Srivatsa, you must fight it out. I don't think that INS has any right to do anything like this.

I, however, think that you may need a good attorney. Meanwhile, why don't you post this message to www.immigration-information.com and let's see what does Ron Gotcher has to say about this. He is an immigration attorney and gives free advice on his portal. Who knows, you may want to hire him, too.

This case is important to everyone because there are a lot of people who are non computer science graduates doing software related work.

As far as I recollect, 2 years of IT industry experience + any B. Tech is equivalent to computer science degree. Any further experience is added bonus.
 
Hello Indiatoday,

I did n't get I-140 notice. My company got that notice Just for argument sake I posted like that. My lawyer filed AOS.
 
Hello Indiatoday,

I did n't get I-140 notice. My company got that notice Just for argument sake I posted like that. My lawyer filed AOS.
 
Chicken 65

- You both had your green cards approved when?

No

- Were you both EB2s or EB3s?

EB3

- SRAMA - when did you get I-140 approval? 2000 or 2001?

2000

- Are either of you from Pakistan?

NO

- SRAMA - was your degree also in mechanical engineering?

Electronics and Communications Enineering
 
Srivatsa

Did you apply for I-140 & 485 yourself??

My lawyer is confindent that my case will be approved without a problem. He intially said he will talk to the officer who revoked my I-140 and Latter decided against it. He has prepared a response to INS and is waiting a response from an external evaluator.

I hope it will work this time.

Please keep me posted on your case.
 
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