I 485 denied due to employer revoked I140

R

reddymade

Registered Users (C)
The following article says I 485 is denied even after 6 months period.

employer revoked the I140 for an employee(Krishnamurthy) in chicago

http://www.gghlaw.com/ezine/june03/imaskrishnamoorthy.htm

Because my I 485 is also filed 18months ago still in process and i am working with the new employer.

My greencard sponsoring employer is still processing my greencard.

I know there are lot of people in this forum who are in the same situation.

What happens if my previous employer revokes my I 140 will that create any problem for my I 485.

Please try to respond.

Thank you very much.
 
If you work another job with the same job description after 180 days then AC21 protects you from getting your 485 denied if 140 is withdrawn.
Just couple of Friday ago Hernandez (Spelling?) from AILA send a memo out regarding this.
 
--- Not correct CSC has denied 2 and NSC3 cases filed by Murthy law office I-485 was pending more than 180 days and I-140 was revoked after 180 days, she filed Motion to reopen or reconsider till date no update, don’t try to be expert on AC21, even good lawyers are not claiming to be expert on AC21, till date no final regulation on Ac21 are published.
Just couple of Friday ago Hernandez (Spelling?) from AILA send a memo out regarding this.
------ It was not MEMO from BCIS it was an old letter copy that was reply to a lawyer Ms. Emily J Curray and that letter was written 1 year back (check the date on letter it has date April 24, 2002) AILA released the letter few weeks back. cases filed by Murthy are denied after the date on letter, this letter does not have any binding on BCIS officers, it is just opinion of Efren Hernandez.

Reddymade: if your I-485 pending more than 180 days and I-140 is not revoked by past employer and you fulfill the other criteria of AC21 and your case goes to a good officer your case may be approved, because in past many have been approved and few are denied. According to Murthy BCIS may come out with MEMO in few weeks
 
This posting by reddymade with a link to an actual case makes it perfectly clear that there is a definite risk if your sponsoring employer revokes the I-140. Under AC21 this should not be so, but this case and others indicate there is a risk. This type of thing will continue until AC21 regulations are implemented.:(
 
Thanks ginnu for your comments. I will have to keep this in my mind from now on.

this scares me to, because had kept AC21 as a back up just in case i loose my job

God bless us all!
 
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