I-140 revoked by future employer.

greencream

Registered Users (C)
I had H1 visa through company X, visa expiry. Date 03/2005.
-Laid off from company X 11/2004.
-Got a substitute Labor from Company Y and filed I140 and 485 on 12/2004, did not extent h1 visa or transfer to company Y.
-Got EAD and I140 approval on 2/2005
-Joined Company Z on 9/2005 on EAD.

Last week I was called for an Interview my attorney was present during the interview. The first thing the officer said was that Company Y has revoked I-140 in 03/2007. My attorney had no clue about it(this attorney represents both Company Y and myself). Attorney asked for some time for which the officer gave 2 weeks of time staing file under review
In December 2007 I had applied extension on EAD without any issues.

WHAT R MY OPTIONS?

Any help is appreciated.
 

m_img

Registered Users (C)
Get a new attorney immediately. It might be too late to use AC21 but you an try.

Why is AC21 too late? This is what he used to go to company Z. There is no requirement to submit AC21 when employer is changed after 180 days' pending 485.

Just get the papers together. Main is the new job description. This should be similar to your LC.

Again, check with your lawyer.
 

ginnu

Registered Users (C)
I had H1 visa through company X, visa expiry. Date 03/2005.
-Laid off from company X 11/2004.
-Got a substitute Labor from Company Y and filed I140 and 485 on 12/2004, did not extent h1 visa or transfer to company Y.
-Got EAD and I140 approval on 2/2005
-Joined Company Z on 9/2005 on EAD.

Last week I was called for an Interview my attorney was present during the interview. The first thing the officer said was that Company Y has revoked I-140 in 03/2007. My attorney had no clue about it(this attorney represents both Company Y and myself). Attorney asked for some time for which the officer gave 2 weeks of time staing file under review
In December 2007 I had applied extension on EAD without any issues.

WHAT R MY OPTIONS?

Any help is appreciated.

your I-140 was approved that was filed by employer Y and your I-485 was pending more than 180 days when you joined Z and that makes you eligible for AC21. you were supposed to provide Permanent job offer letter with same/similar job duties from employer Z at the time of Interview or before the Interview. why the lawyer who went to interview with you have not informed you that you need permanent job offer letter from Z? why you did not invoke AC21 when joined Z?


***You used LC substitution. Employer Y filed LC for ABC and If employer Y also filed I-140 for ABC and ABC also filed I-485 and his I-140 was pending more than 180 days and ABC used AC21 and his/her I-485 got approved you will not get your I-485 approved. Same LC can’t be used for two persons I-485 approval.
 

greencream

Registered Users (C)
Thanks Ginnu for your reply.

I did not file AC21 cause I had intention to join Company Y after I485 approval.
During the interview we were shocked to know that Company Y has revoked the I140 on 03/2007 when I received a Future Employment letter a week before the interview.
We were expecting questions for the officer from our attorney during the interview, which did not happen.
 

ginnu

Registered Users (C)
Thanks Ginnu for your reply.

I did not file AC21 cause I had intention to join Company Y after I485 approval.
---------you got interview letter and interview date is after 1 month or 2 month from the interview date notice. did you ask Y if they had job for you?
you left Y and then they revoked I-140. did not you check online status of your I-140 before the interview?
During the interview we were shocked to know that Company Y has revoked the I140 on 03/2007 when I received a Future Employment letter a week before the interview.
We were expecting questions for the officer from our attorney during the interview, which did not happen.

Why you were expecting questions from officer? Don’t the lawyer you take to interview know that you need to use AC21 as you were working with Z? Lawyer should have asked you to get Permanent job offer letter from employer Z (as you were not working with Y) and could have provided the letter to officer and why the lawyer did not inform the officer that you are qualified for AC21?

FYI at this time USCIS ask lot of information if one don’t invoke AC21 and USCIS send RFE/NOID for new letter for employer letter.
 

tammy2

Registered Users (C)
Thanks Ginnu for your reply.

I did not file AC21 cause I had intention to join Company Y after I485 approval.
During the interview we were shocked to know that Company Y has revoked the I140 on 03/2007 when I received a Future Employment letter a week before the interview.
We were expecting questions for the officer from our attorney during the interview, which did not happen.


Taking the employment letter from Y may screw up the things. Once the I-140 is revoked the process has to restart for the company Y. Once revoked it is difficult to go back.

Best thing would be getting the letter from Z and show as your Ac-21 employer. Believe me it is my personal experience.
 
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