I-140 Revoked & I-485 Denied. Do I need another I-140?

L

longGC

Registered Users (C)
I was laid off from previous job. Within a month I found another one in same geographic area. Fortunately the job had the same duties as my LC. They gave me salary same as was last drawn with minimal increase, around 2%.

My I-485 was pending for more than 2 years.

1. Do I have to inform BCIS about the new job? I started working on EAD.

2. Do I have to file a new I-140 with new employer? For those who used AC21 to change job after 180 days, have you filed for new I-140.

3. My former employer informed BCIS about the lay off but did not specifically asked them to revoke I-140, but BCIS did on their own. Accordingly, they denied my I-485 without even informing me of "Intent to Deny" or generating RFE. Was I obligated to inform them about the new job?


Please please help. I am really tensed and do not have a clue.
 
longGC
I'm confused. In a different post, did you say that there was a 2nd. I-140 approved?
 
w8nc

It was not second I-140. My I-140 got ameneded when former employer (Company B) bought our previous company (Company A). Now I with Company C after laid off from Company B 2 years after I-485 was pending.

Company A I-140 was approved in 2000
Company B acquired (part of Company A) in June 2001
Company B I-140 amendment was approved in Nov 2002
I-485 was filed in May 2001
Laid off April 2003

Questions -

1. Do I need to file I-140 with Company C?
2. Do I need to inform BCIS that I joined company C? (Even though 180 days have passed after filing I-485)


Please help.
 
LongGC,

I seem to be missing something. Shouldn't you be a AC21 case since your I-485 was pending for more than 6 months with an approved I-140 even if company revokes the I-140 ?

BB
 
Now that you are with company C, you should be considered AC21 case. However, your 485 that was filed with company A has been denied. Since part of company A was acquired by company B and your I-140 was amended (to show that?), then your 485 should still be good. This sounds like a BCIS error. I think if you appeal it, you will be successful.
Good luck.
You really should have a lawyer to get you through this.
 
BerryBird and w8nc

You both are right. I am ok per AC21 and it is an error from BCIS. One lawyer told me that I should have informed BCIS about company C immediately, which I did not. I started working for company C on May 27 and I got denial on June 4.

Am I suppose to inform BCIS about the company change?

Pray for me.

Please help.
 
Am I suppose to inform BCIS about the company change?
Click to expand...
In your case, I don't think it matters. You are now in the position of requesting an MTR. As a result, BCIS will ask about your current employment.
 
Talk to sheela Murthy or Rajive Khanna. Your case may not a be tough case for them. After all Sheela Murthy has won similar case at CSC.

I guess you will get it. It is just matter of time.
 
tammy2

Thanks.

I read from Murthy's post that she won cases like that at the same time she had MTR- Motion to Reopen denied. She appealed at Head Office in Washington but the result is not known.

I know that this is BCIS error and will be OK but have BIG anxiety and pessimism. This is because you are dealing with BCIS and that too in TSC.

Alien00 is still waiting for decision on his MTR eventhough 9 months have passed. That scares me.


The questions that I have are,

1. What is the probability statisitcs of MTR being denied in the past?

2. How long does BCIS takes to take decision on MTR?

I am really depressed.
 
hang in there

sorry to hear about your case. it might have been better to have informed the BCIS about the new employer right away.

anyway, the sheer cruetly of your situation breaks my heart, mate. having spent so much time getting to the last stage...anyway you have some tough times ahead, so steel yourself and fight it out if you want the GC.

don't assume its the BCIS error, think about their perspective and close out each argument they might make.

all the best
 
LongGC,

Could you please post more details of your I485 denial notice? What did BCIS say on it and how much time did they give you to remain in the country before you have to pack and leave?

What does your lawyer say about your current status?

Wish you good luck, man!
 
waitingformyGC

waitingformyGC

Please hit search button and put my name under username to get all details of my case.
In short, my I-140 was revoked after the former employer informed BCIS about layoff but did not specifically ask to revoke I-140. They denied I-485 as I-140 is revoked.

BCIS did not tell me anything on that letter about time limit or departure. I came to know from lawyers that I have 30 days to file Motion to Reopen / Reconsider.

My lawyer has not told me on my status. But other lawyers say I am ok till 180 days if I have filed MTR.

longGC.
 
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