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I-140 revoked - H1 3yr extension
- Thread starter pacha_card
- Start date
dsuganhi,
In my scenario original labor140 was not approved, it just got revoked, since the employee left the company. Will the Original PD get tranferred in that case.
In my scenario original labor140 was not approved, it just got revoked, since the employee left the company. Will the Original PD get tranferred in that case.
dsugandhi said:No risk if skill, experience etc are matching. Only thing is you will get I-140 filing date as your PD rather then the original labor PD becaue I-140 was filled and approved in past.
----------- employer filed LC for A and LC got approved then employer filed I-140 for A and A left the company. did you ask the employer if I-140 was approved or he sent notice to revoke the I-140 after it got approved. If I-140 was filed and was approved and the person A filed I-485(without the knowlege of employer) and then after I-180 days he/she used the AC21 then A will get approved and if you use that LC you will not get anything.medan_raj said:Using the 140 revoked labor...any suggestions/help pls...
I was trying to use a approved labor for which 140 was filed already & revoked for another employee.
Can i use the labor & apply for 140. Do you see any issues/risk...
Pls clarify....
If the I-140 was WITHDRAWAN by employer Before I-140 approval then you may be able to use the LC. try to find the full info from employer(if he tells you the truth)
Take the copy of LC go to good lawyer with LC (form ETA750A and ETA750B )and the cover letter from DOL and provide the lawyer your educatinal certificates, degree certificate, any education evaluation, Experience letters with skills. You need to have same skill, eduction requirement BEFORE the date that LC was filed.
* in your earler post you informed that the employer dont have office and operate from home. I will not go with this kind of employer who does not have office address. If USCIS investigate the employer they may find that he may not have ability to pay, run away from this kind of employer. I got private message few months back that in NJ one desi company sold same LC to 5 persons and got money from 5 persons.
7th year H-1B extension based on LC (revoked I-140)
This might be the right thread to share this info (regarding getting 7th year extension based on LC for which previous employer revoked the I-140).
-comp A filed for my LC (RIR) in April 2004
-LC got approved September 2004
-Oktober 2004 we file I-140
-December 2004 we file I-485 (delayed due to wedding)
-January 2005 (6th year H-1B starts)
-February 2005 company A shuts location down and lays everyone off
-February 2005 company A sends notice to USCIS to revoke I-140
-June 2005 Notice that I-140 was revoked and I-485 denied therefore
-September 2005 company B files PERM LC
-December 2005 PERM LC approved
-January 2006 file I-140/I-485/EAD/AP
After filing it was pretty clear that the EAD wouldn't be there (6 weeks after filing left) until the H-1B ran out
My lawyer devised the plan to file an H-1B 7th year extension (initially to buy time) based on the labor originally filed by comp A (he figured since the following I-140 was revoked the LC might not stand and we wouldn't get the extension). However he decided to leave out some documentation and force an RFE on the extension filing.
The reasoning being: file 7th year H1B extension w/o premium processing (takes 2+ months to get worked on), then get RFE (90 day response time). This should be enough time to get the EAD (which at the time of filing the H-1B extension would be pending 6 weeks already).
I remember reading on Murthy that you could possibly get an extension even if the previous employer revoked the I-140 - because USCIS might not be able to compare the 2 processes (or something the like). Fact is that I only had a notice of when the original LC was filed, not the actual ETA-750 paperwork.
Note: we got the EAD way before the USCIS started working on the extension even - and then they surprisingly approved the extension! Since I had used EAD I guess it is of no use to me (or can I use the H-1B for something in the future if there should be issues with the I-485?).
This might be the right thread to share this info (regarding getting 7th year extension based on LC for which previous employer revoked the I-140).
-comp A filed for my LC (RIR) in April 2004
-LC got approved September 2004
-Oktober 2004 we file I-140
-December 2004 we file I-485 (delayed due to wedding)
-January 2005 (6th year H-1B starts)
-February 2005 company A shuts location down and lays everyone off
-February 2005 company A sends notice to USCIS to revoke I-140
-June 2005 Notice that I-140 was revoked and I-485 denied therefore
-September 2005 company B files PERM LC
-December 2005 PERM LC approved
-January 2006 file I-140/I-485/EAD/AP
After filing it was pretty clear that the EAD wouldn't be there (6 weeks after filing left) until the H-1B ran out
My lawyer devised the plan to file an H-1B 7th year extension (initially to buy time) based on the labor originally filed by comp A (he figured since the following I-140 was revoked the LC might not stand and we wouldn't get the extension). However he decided to leave out some documentation and force an RFE on the extension filing.
The reasoning being: file 7th year H1B extension w/o premium processing (takes 2+ months to get worked on), then get RFE (90 day response time). This should be enough time to get the EAD (which at the time of filing the H-1B extension would be pending 6 weeks already).
I remember reading on Murthy that you could possibly get an extension even if the previous employer revoked the I-140 - because USCIS might not be able to compare the 2 processes (or something the like). Fact is that I only had a notice of when the original LC was filed, not the actual ETA-750 paperwork.
Note: we got the EAD way before the USCIS started working on the extension even - and then they surprisingly approved the extension! Since I had used EAD I guess it is of no use to me (or can I use the H-1B for something in the future if there should be issues with the I-485?).
ginnu said:----------- If the I-140 was WITHDRAWAN by employer Before I-140 approval then you may be able to use the LC. try to find the full info from employer(if he tells you the truth)
Take the copy of LC go to good lawyer with LC (form ETA750A and ETA750B )and the cover letter from DOL and provide the lawyer your educatinal certificates, degree certificate, any education evaluation, Experience letters with skills. You need to have same skill, eduction requirement BEFORE the date that LC was filed.
pacha_card,
Updates on my case.
I recently opened a query related to EAD which is pending since 3.5 months. Today I got the letter from USCIS with exact below message.
" All of these cases ( I-485, 765, and 131) have been selected for detailed review and investigation. The process will take longer than normal processing. Should we discover information requiring for the review and verification, we will contact you, either in person or in writing, to provide additional information. We will make every effort to complete these applications as soon as possible."
I didn't understand what exactly they are investigating...
Did any one get this kind of response on NOID cases...
Updates on my case.
I recently opened a query related to EAD which is pending since 3.5 months. Today I got the letter from USCIS with exact below message.
" All of these cases ( I-485, 765, and 131) have been selected for detailed review and investigation. The process will take longer than normal processing. Should we discover information requiring for the review and verification, we will contact you, either in person or in writing, to provide additional information. We will make every effort to complete these applications as soon as possible."
I didn't understand what exactly they are investigating...
Did any one get this kind of response on NOID cases...
GCdeewana said:pacha_card,
Updates on my case.
I recently opened a query related to EAD which is pending since 3.5 months. Today I got the letter from USCIS with exact below message.
" All of these cases ( I-485, 765, and 131) have been selected for detailed review and investigation. The process will take longer than normal processing. Should we discover information requiring for the review and verification, we will contact you, either in person or in writing, to provide additional information. We will make every effort to complete these applications as soon as possible."
I didn't understand what exactly they are investigating...
Did any one get this kind of response on NOID cases...
---------- Was your case LC substitution?
Was your I-140 Revoked?
Did the past employer use your LC for other candidate? And filed new I-140? And that candidate also filed I-485?
It seems they are investigating the company records that filed LC and I-140 and when that company sent letter to revoke I-140 filed for you.
It is not easy to guess the reason for investigation by USCIS
ginnu said:---------- Was your case LC substitution?
YES
Was your I-140 Revoked?
YES
Did the past employer use your LC for other candidate? And filed new I-140? And that candidate also filed I-485?
Don't know
It seems they are investigating the company records that filed LC and I-140 and when that company sent letter to revoke I-140 filed for you.
It is not easy to guess the reason for investigation by USCIS
unitednations said:Right now, i can tell you that it is very dangerous for people who have used ac21.
As far as I know, at least twenty companies from vermont service center have received rfe's, notice of intent to revoke approved I-140's. USCIS is thinking that everyone is like cybersoftech.
In the RFE's/NOIR's they are also adding in H-1 applications and accusing companies of fraud. USCIS is revoking approved cases. Also, in RFE's, when USCIS starts adding up cases for purposes of ability to pay; they are specifically asking for withdrawals/revocations. If you are no longer with the company and they request uscis to revoke these cases, then it is outside the normal ac21 issue, since USCIS is making the determination that they were approved in error. Also, company is saying they don't have the financials to support the ac21 cases.
The above scenario will not protect you by using ac21. You may have worked for one of these companies or a similar thing is going on in your case.
I know this intimately because I had been working on a case similar to this for three months. Fortunately, the RFE's got approved and the notice of intent to revokes were re-approved without us having to withdraw any cases.
You may want to check with company (if you haven't already done so) to see if this is the situation.
United Nations,
Thanks for your comments. Some information on my case.
It is filed in Nebraska Center. My present and ex- employer both are reputed companies unlike cyber soft.
Do I need to contact my ex-employer? The ex-employer is not co operative with me as of now.
Please suggest some thing..
Employment verification at the port of entry
Hi all,
My case info:
EB2, Concurrent Filing, CSC->TSC
LC PD: 11/06/05
140/485/EAD/AP RD: 02/09/06
EAD/AP AD: 03/21/06
Fingerprint: 04/30/06
140 AD: 05/08/06
485: still pending
My wife, who is a dependent to my pending case, is planning to visit Korea (our home country) in early July this year, together with our daughter (US citizen). She is planning to come back to US in early September this year.
Assuming that my 485 will be still pending in early September, she is planning to use the approved AP at the port of entry. In such a senario, the officer at the port of entry perform the employment verification? What is the risk here?
I would appreciate your kind comment.
Hi all,
My case info:
EB2, Concurrent Filing, CSC->TSC
LC PD: 11/06/05
140/485/EAD/AP RD: 02/09/06
EAD/AP AD: 03/21/06
Fingerprint: 04/30/06
140 AD: 05/08/06
485: still pending
My wife, who is a dependent to my pending case, is planning to visit Korea (our home country) in early July this year, together with our daughter (US citizen). She is planning to come back to US in early September this year.
Assuming that my 485 will be still pending in early September, she is planning to use the approved AP at the port of entry. In such a senario, the officer at the port of entry perform the employment verification? What is the risk here?
I would appreciate your kind comment.
GreenCardVirus
Registered Users (C)
unitednations said:Right now, i can tell you that it is very dangerous for people who have used ac21.
As far as I know, at least twenty companies from vermont service center have received rfe's, notice of intent to revoke approved I-140's. USCIS is thinking that everyone is like cybersoftech.
There were several cases filed along with mine. All others got their GC but I got stuck in Name Check. So, if they are revoking approved 140 cases, will those approved GC's get affected?