I-140 Revocation and AC21

J

Jim Mills

Registered Users (C)
This is directly from Sheela Murthy's website. I am very surprise and I agree with Sheela that AC21 would have no meaning if this becomes common. I just don't get it. Anyway, here it is:

We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
 
I am really surprised...

I was under the impression that emlpyer loses control over the I-140 if I-485 is pending more than 180 days.

Any way as long as employer won't revoke the I-140 then this wouldn't be a problem for I-485 right?

If we have to inform INS regarding change in employer then is there any standard format for this? or it would be better until we get RFE regarding employment letter?

Thanks,
insfaq
 
How can one check on the status of I140

How can I verify that my employer did not revoke my I140. Is it enough to use the INS website status online and if the status says "this case was approved on ......". I mean, if the case is revoked should the status show that?

How can I verify if the I140 is not revoked?
 
Can this be challenged in a court of law?

Is it a case where the employee switched before 180 days , but the employer filed revocation some time later and the INS revoked after 180 days?

Or all the events happened after 180 days?
 
Apprehension comes true !!

Jim,

Several months back I had started a thread related to this... in which you had given your usual superb input.

If an individual quits using AC21, what is preventing retaliation from the sponsoring employer ?

This is indeed a very very serious issue ... Does the AILA have any plans to fight it out? Else if this becomes the rule, it will spell disaster for many applicants.

This seems to be in direct conflict with the spirit of the AC21 Law ...If INS regulations, to be published some time in the future, contains this as the interpretation, can that be challenged in court because it is in direct conflict with ....etc.
The "Competitiveness" of AC21 is gone.

Thanks and Regards for your continuing support ...

My earlier post....

http://boards.immigrationportal.com/showthread.php?s=&threadid=73576
 
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Ms. Murthy should file a law suit. This is apparently a violation of the law. Legislative intent was to safeguard the job if INS takes foreever to adjucate 485. INS was also in opinion that revocation of I-140 would not hamper 485 adjucation.
 
Was looking at murphy.com for more detail on Jim's post. This is also directly from Ms. Murphy's website:

The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.

Hopefully this means that at least previously approved I-140's are safe. Anyone have any updates on this? This truly is a serious development.
 
This seems to be a good news buddy.
My heart almost slipped before . But lets hope and pray for the best.

Recap..
140 - RD july 2002
AD Nov 2002

1485- RD Sept 03, 2002
ND Sept 13, 2002

I just finished 180 days for 140 approval. And 251 days of 485.
 
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
Click to expand...

This is from the same original posting on Murthy.com ...[Can refer to my thread, which has the full posting].

But till now, we do not know the final disposition of the denied cases

I u/stand that during Monday Murthy chats, no further info on this were available.

This remains a serious issue.
 
I think that in the long run this position will have to be reversed since to adopt this interpretation effectively nullifies the portability provisions of AC21. However, it could take awhile to get BCIS to chance their mind and in the mean time we could be in for some tough going in some cases.
 
Is there any way of knowing whether I-140 is not revoked or not?

How do we know whether 140 is still active or not after its approval ?

Jim can you please respond.. Thanks in advance.
 
Jim,
What do you mean by " the mean time we could be in for some tough going in some cases".

Does this mean these cases will get totally screwed?

Or they can fight back and win their case ultimately?

What is the case of those guys who already got denials.

Please answer my questions.
 
Hi,
Do you count 180 days AFTER I-140 is approved, or from the day I-485 was submitted (e.g. in concurrent filing cases)?

Thanks.
 
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