I-140 revoked - H1 3yr extension

I read in this forum someone replying if USCIS accepts AC21 filing then one would retain the original PD. Assuming your PD is current you should receive good news soon.

Since your PD is current why didn't you called USCIS to find out the status?
 
An Update on my case

Just now called USCIS customer service number and inquired about my I-140 which was revoked by my previous employer and also I-485 status.

Customer service representative didn't give me any new status on I-140 other than posted on the website (Approved on ......etc...).
But on I-485 she said USCIS will inform their decision no later than June 21st 2006. This one is new update for me. Because this info is not there on the case status website. Ofcourse I am not expecting approval because my PD is not current but atleast they would make a decision on my I-140 status.

At least now I know how long I need to wait. I sigh of relief to know that somebody is working on my case and she also said if nothing is heard by that date then I can call them back again.
 
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H1 and H4 extensions approved

Online case status shows that H1 and H4 extensions approved.
Sounds like they accepted my AC21 filing.

I hope this would be a classic example that even though previous employer revokes I-140 we can still get the 3 year H1 extension if one is covered under AC21.
 
One thing I should have mentioned is I am still waiting for my spouse EAD to be approved. Thats where USCIS issued NOID and I came to know that my previous employer revoked the I-140.
 
Pacha Card,

Could you please provide your case history or point me to a link where you already provided it.

I am really curious about this H1 after 140 revocation.
 
EB3 PD 12/2002 (Substitution)
I-485, I-140 RD: 08/2004
I-140 AD 09/2004
AC21 filed in 07/2005
I-140 Revoked on 10/2005 by previous employer
Spouse EAD renual RD: 03/04/2006
NOID issued 03/21/2006
H1 & H4 extension RD: 03/31/2006
NOID Responded 04/19/2006
H1 & H4 AD: 05/08/2006

One abnormal thing is usually whenever there was an approval on my cases I
had always recieved an email from USCIS. But yesterday I didn't recieve any email and today when I check the online status it has LUD of 05/08/2006 and message says it is approved.

I think I shouldn't excite too much until I see the approval letter in the mail.
 
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pacha_card said:
EB3 PD 12/2002 (Substitution)
I-485, I-140 RD: 08/2004
I-140 AD 09/2004
AC21 filed in 07/2005
I-140 Revoked on 10/2005 by previous employer
Spouse EAD renual RD: 03/04/2006
NOID issued 03/21/2006
H1 & H4 extension RD: 03/31/2006
NOID Responded 04/19/2006
H1 & H4 AD: 05/08/2006
Click to expand...

So, from 07/2005 till 03/31/2006, you worked on EAD or transfered your H1 to the new employer? Going by working I'm sure it is H1 but just asking.

My EAD and AP filed on 03/02 got approved yesterday.

I changed using AC21 law on EAD. After revocation, 485 got denied just after 2 months after I changed jobs. I was trying to get back on H1 but lawyers (even Murthy) said there was no basis for H1 as 140 was revoked.

Anyways, I dont have patience anymore to find alternate ways to be "safe". Whatever happens happens.
 
Yes, I was always on H1. Never used EAD or AP.

I got that suggestion to use H1 from one of the expert from this forum
(Ginnu, UnitedNations, RealCanadian)

You are right there is no safe thing...what ever happens just happens....
 
pacha_card said:
Good Luck GCdeewana.

Let us know how it goes.
Click to expand...

I went to ASC yesterday(5/15) with info pass appointment. I didn't get any other details on my case other than saying it is still pending.

I felt they are same like customer service representatives. Nothing much..

One more update I got FP notice for my spouse and my self with code 1.
 
I think USCIS has considered your Ac21 filing and also considering revoked
I-140 as valid. Other wise how would they send FP notice if they have a question or doubt on pending I-485 ?
 
Just an update from my side.

My attorney called me and told me that I have recieved the Biometrics notice.
I Hope this is a good indication that they have considered AC21.
 
pacha_card,

congrats. Hopefully every thing will go fine.

I gave my FP for code 1 on 5/19. No LUD or Message change.

When did you give ur FP last time? What was the code??
 
GCdewana,

Last time I appeared for my FP in DEC'2004. I really don't know what are these codes. But once I receive the notice form my attorney I will let you know what it says in the notice.

Can you educate me what are these codes and how do I findout these in the notice.

Thanks,
VG
 
Its will be on the top of that document ..... the code

besides I just gave code 1.. 1st week of May 06 ... It was All 10 fingers only. (if 10 are there )

i know code 3 means .. fingers and a foto

i guess code 2 means .. only first finger .. just like in EAD ..
 
It is CODE1. I just went to local office and completed the process.
Some reason even after my address change on my I-485, USCIS still asked me to appear at the local office which is close to my old address (same one I have given my first FP). Instead I took the infopass at local office which is close to my current address and completed the process. They didn't ask me why I came to this office, they just took the FP with no further questions.

And 2 times when I have recieved the FP notices only my lawyer recieved the
notice USCIS didn't sent me the notices at all. Any idea why ??
 
IL_labor, pacha_card, chekooo or anyone pls help me....

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....


IL_LABOR said:
Pacha_card,
I am in exactly similar situation like you. Please read this thread

http://www.immigrationportal.com/showthread.php?t=204534&page=4

I am also sending you a pvt message. Please keep in touch. Wish you all the best.

I am quoting some Q&As from the latest Memo on AC21 of May 12, 2005.

Question
When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or B. an I-140 is denied or revoked at any time
except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.

Does this mean even if the approved I-140 was withdrawn after 180 days of pending I-485 then USCIS considers the I-140 valid for Portability Purposes. If the I-140 is considered valid for portability purposes then why should the person not be given H1-7th year extension .

The next question clarifies the same:

Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF §104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT Question 1.

Question : Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on §104(c) of AC21?

Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under § 104(c).

This also clarifies the H1-B will be garnted for a period of 3 years if all other H-1B statutory and regulatory requirements are met.

Question : If an alien qualifies for an extension past the H-1B 6-year limit under §104(c), may an extension be granted for a period of up to three years?

Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

The Memo Doesn't specify anything that says the the Approved-140 will not be considered for 7th year extension if it is withdrawn after >180 days of pending I-485.

My lawyer told me his reply after confirming that if my I-140 was approved when I ported to a new employer and he also told me that I should get 3 year extension.

GreenCardvirus, I am still not sure why you were not granted the 7th year extension as per the New Memo Released on May 12, 2005.

Can anyone on this forum please please throw some light on this subject.
Click to expand...
 
pacha_card said:
Just now called USCIS customer service number and inquired about my I-140 which was revoked by my previous employer and also I-485 status.

Customer service representative didn't give me any new status on I-140 other than posted on the website (Approved on ......etc...).
But on I-485 she said USCIS will inform their decision no later than June 21st 2006. This one is new update for me. Because this info is not there on the case status website. Ofcourse I am not expecting approval because my PD is not current but atleast they would make a decision on my I-140 status.

At least now I know how long I need to wait. I sigh of relief to know that somebody is working on my case and she also said if nothing is heard by that date then I can call them back again.
Click to expand...

Any update on your case? any LUDs ?? No change on my case. Even my EAD's are pending since almost three months
 
GCdeewana,

I did get my H1 extension approval for next 3 years and my spouse EAD and H4 both got approved. And I have also got my 2nd FP notice. It's been
2 weeks since I have given my FP and no LUD changes so far either on I-140 or I-485.

Since my PD is not current I don't think there would be any LUD changes on my I-485 in coming weeks.
 
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