I-485/140 situation-urgent

J

Jack1

Registered Users (C)
Details:

140 Approved in Feb 2002
485 Pending since June 2002
Changed employer in April 2003(9 months after 485 RD)
Working on EAD since April 2003(My 2nd EAD and 1st AP got approved one month back)..
My new employer sent a letter to BCIS informing that they are going to support my case going forward(AC21) after I joined.

Question:

I was trying to get original 485 and 140 receipts from my previous employer. I got a reply that they have withdrawn my I-140..

However, I do not see any online message change for 140/485..140 is still shown as approved . I have never even received any mail from BCIS. On top of that my AP and 2nd EAD got approved recently in December 2003.
Do you think these will get approved without a valid 140?

I am trying to visit India in Feb 2004 and will be using AP while coming back.

Do you think I might face problem while using AP(because of revoked 140 if true)?
 
Jack1:

According to the USCIS Memorandum you are all right if your case falls within the following scenario:

"if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of §106(c) of AC21.....
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of §106(c) of AC21...."

Please read carefully the full memorandum in the following link:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

I hope this helps you!
 
Rolando68 and PrinceofJungle clarified your doubts very
clearly. So Don't worry! You are pretty SAFE.

Enjoy your trip to India!

:) :cool: ;)
 
Get it using FOIA.

Jack1:
Before you leave make sure you send FOIA to your service center to get copies of Labor/I140/485 if your employer is not willing to give.

Good luck.
 
Thanx for the replies..

Rolando68 - The link you sent is not working. Can you post the revised link?

Mayil03 - I do have copies of receipts for 140 approval notice and 485 receipt notice..Do you still think I need the originals?

Any other suggestion?
 
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