I-485 denied

V

vingc

Registered Users (C)
My I-140 was approved and 485 was pending for more than 8 months. I changed the company using EAD. But my old employer revoked my approved 140 and USCIS denied my 485 saying that the petitioner (old employer) revoked/withdraw 140. My new employer is not willing to file H1 for me. My lawyer filed an MTR saying that it's a USCIS error of not sending NOID first and I'm qualified for AC21 (stating that 140 is still valid). I even met the local congressmen office requesting there help to expedite my case (but they don't seem to pay much interest on this).
It also looks like my old employer cancelled my H1 too.
I'm in a very difficult situation, don't know what to do? Currently I'm not working as per my lawyers advice.
1. Have any body gone through this same situation? If so, what was your approach ?
2. Would it help if I fly to Nebraska Service Center?
3. Can I still apply H1 through different company and/or continue my case?
 
vingc said:
My I-140 was approved and 485 was pending for more than 8 months. I changed the company using EAD. But my old employer revoked my approved 140 and USCIS denied my 485 saying that the petitioner (old employer) revoked/withdraw 140. My new employer is not willing to file H1 for me. My lawyer filed an MTR saying that it's a USCIS error of not sending NOID first and I'm qualified for AC21 (stating that 140 is still valid). I even met the local congressmen office requesting there help to expedite my case (but they don't seem to pay much interest on this).
It also looks like my old employer cancelled my H1 too.
I'm in a very difficult situation, don't know what to do? Currently I'm not working as per my lawyers advice.
1. Have any body gone through this same situation? If so, what was your approach ?
2. Would it help if I fly to Nebraska Service Center?
3. Can I still apply H1 through different company and/or continue my case?
Click to expand...


Which service center???
Please post ur details more and ur best contact who can help you is "UNITEDNATIONS"
 
It's Nebraska Service Center.

140 - AD Mar 2004
485 - RD Mar 2004
New Job - Dec 2004
485/140 - Denied Feb 2005
MTR - Filed Mar 2005
 
vingc said:
My I-140 was approved and 485 was pending for more than 8 months. I changed the company using EAD. But my old employer revoked my approved 140 and USCIS denied my 485 saying that the petitioner (old employer) revoked/withdraw 140. My new employer is not willing to file H1 for me.

My lawyer filed an MTR saying that it's a USCIS error of not sending NOID first and I'm qualified for AC21 (stating that 140 is still valid).
---your lawyer is correct, why you did not update USCIS to use AC21 when you joined new employer???
I even met the local congressmen office requesting there help to expedite my case (but they don't seem to pay much interest on this).
It also looks like my old employer cancelled my H1 too.

I'm in a very difficult situation, don't know what to do? Currently I'm not working as per my lawyers advice.
1. Have any body gone through this same situation? If so, what was your approach ?
----- they filed MTR
2. Would it help if I fly to Nebraska Service Center?
-- ask your lawyer
3. Can I still apply H1 through different company and/or continue my case?
---if your H1 is still valid and you have valid I-94 then your new employer may file H1 and it should be filed with premium processing so that you get the result in 15-20 days( i think uscis may not provide new I-94 with approval, if that happens then you need to go out get H1 stamp and enter onH1)
** if you have good lawyer and filed MTR and sent new employer letter to invoke AC21 your I-485 will be approved.depends how the lawyer argued in the cover letter to USCIS
Click to expand...
 
vingc said:
I probably think my old employer has cancelled my H1.
--he may have done that. you need to discuss your options with your layer who filed MTR.

God Luck!!!!!!!!!
Click to expand...
 
Hi Vingc

sorry to hear about your story. I am sure UN can help you on this. By reading UN's answers, i just salute him for his knowledge. Sometimes by reading this forum (specially from UN and Ginnu), i feel like i know more than a standard lawer by now.

We all will have a day sooner or later. God bless all
 
vingc said:
My I-140 was approved and 485 was pending for more than 8 months. I changed the company using EAD. But my old employer revoked my approved 140 and USCIS denied my 485 saying that the petitioner (old employer) revoked/withdraw 140. My new employer is not willing to file H1 for me.

>>>>> What is your new employer's argument for not filing H1 ? why dont you offer to pay for it yourself and see what he says ??

My lawyer filed an MTR saying that it's a USCIS error of not sending NOID first and I'm qualified for AC21 (stating that 140 is still valid). I even met the local congressmen office requesting there help to expedite my case (but they don't seem to pay much interest on this).
It also looks like my old employer cancelled my H1 too.

>>>> old employer's H1 wouldnt matter anyway.. that is valid only if you are working with him

I'm in a very difficult situation, don't know what to do? Currently I'm not working as per my lawyers advice.
>>>> dont panic, use a good attorney, even if you have minor issues with your current attorney, I would recommend going with him..

1. Have any body gone through this same situation? If so, what was your approach ?
>>>> you need to read the posts on these forums religiously, there are some people with similar, if not same situation..
2. Would it help if I fly to Nebraska Service Center?
>>>> I dont think so.
3. Can I still apply H1 through different company and/or continue my case?
>>>> you sure can, but make sure you dont break any rules (eg. overstay) while you are waiting to fix this problem.
Click to expand...
 
I really thank everyone for contributing your answers and giving me confidence.
Does any body know, on average how long it takes to process the MTR cases in Nebraska Service Center?
 
AC21 Question

Hi Gurus,

This is a wonderful form with tons of information. I have been a silent reader.

Have sent in the AC21 along with the required docs as described in the thread to VSC in the month of Feb' 15th 2005. Till now there is no LUD indicating that the case has been updated. But have the confirmation email from Fedex that that package is received.

Any one who has applied for AC21, not changing the status is it normal or will the LUD be changed.

Please advice me as it drives me crazy.

Thanks for your valuable time.
 
Good luck and dont loose Hope,
and thanks for the Unitednations for making people to remeber his name, while there is problem.
 
ptlsb said:
Hi Gurus,

This is a wonderful form with tons of information. I have been a silent reader.

Have sent in the AC21 along with the required docs as described in the thread to VSC in the month of Feb' 15th 2005. Till now there is no LUD indicating that the case has been updated. But have the confirmation email from Fedex that that package is received.

Any one who has applied for AC21, not changing the status is it normal or will the LUD be changed.

Please advice me as it drives me crazy.

Thanks for your valuable time.
Click to expand...

I've heard typically there's not status update on receipt of the AC21 letter. Hopefully it got to your file ok and you'll get you're approval soon.
 
AC21 Question

maybesomeday said:
I've heard typically there's not status update on receipt of the AC21 letter. Hopefully it got to your file ok and you'll get you're approval soon.
Click to expand...

Thanks for the information maybesomeday. And thanks a ton for being Encouraging.

Just out of curiosity what made you think that my case will be approved soon. Is there a formula or do you think that the PD is going to move till my date.

Any idea's is greatly appreciated.

Thanks Again and hope the same with your case.
 
ptlsb,
I don't think there's much for sure with the USCIS. Priority date, however, is a pretty hard fast rule. I'm just trying to keep a somewhat positive outlook. I've spent too much time and gained too many gray hairs over this process.
 
maybesomeday said:
ptlsb,
I don't think there's much for sure with the USCIS. Priority date, however, is a pretty hard fast rule. I'm just trying to keep a somewhat positive outlook. I've spent too much time and gained too many gray hairs over this process.
Click to expand...


I know how it feels like. We keep growing older much older if we keep track of all these.

Thanks for all the ideas and for your positive thinking.
 
ptlsb

dude, I had seen you paste your post all over, I cant see you so frustrated :) so here is an idea, call them, try some permutations of options at their 1-800 no. and when you get to a human voice, ask them "if they received your letter" I dont think they will know much, but you can always try!

Cheer up and forget it for sometime... you did all you can, now go get some beer ;)
 
Last edited by a moderator:
My case just got approved!

Hi, my case just got approved, which would be encouraging for those who are still waiting!
Details:
PD: Sep. 10, 2001
I140/I485 concurrently filed Aug. 22, 2002
AC21 case
1 FP Oct. 11, 2002
2 FP July 28, 2004
Denied on Jan. 27, 2005 because I never received the RFE letter and NOID letter
MTR Feb. 1, 2005
Approved Mar. 11, 2005

Good luck to everybody, all of you will eventually get approved!!
 
Which Center?

chin05 said:
Hi, my case just got approved, which would be encouraging for those who are still waiting!
Details:
PD: Sep. 10, 2001
I140/I485 concurrently filed Aug. 22, 2002
AC21 case
1 FP Oct. 11, 2002
2 FP July 28, 2004
Denied on Jan. 27, 2005 because I never received the RFE letter and NOID letter
MTR Feb. 1, 2005
Approved Mar. 11, 2005

Good luck to everybody, all of you will eventually get approved!!
Click to expand...
Which center did you apply your I-485?
 
Check similar case here ...

Hello Vingc,

UN is correct. You can check similar case here. Old employer revoke 140 after 485 filed 180 days: http://www.immigration.bakerdonelso...ate&CatID=74&CategoryUpdateID=31&SectionID=41

It seems that you can win the case.

Good luck!

Motown

vingc said:
My I-140 was approved and 485 was pending for more than 8 months. I changed the company using EAD. But my old employer revoked my approved 140 and USCIS denied my 485 saying that the petitioner (old employer) revoked/withdraw 140. My new employer is not willing to file H1 for me. My lawyer filed an MTR saying that it's a USCIS error of not sending NOID first and I'm qualified for AC21 (stating that 140 is still valid). I even met the local congressmen office requesting there help to expedite my case (but they don't seem to pay much interest on this).
It also looks like my old employer cancelled my H1 too.
I'm in a very difficult situation, don't know what to do? Currently I'm not working as per my lawyers advice.
1. Have any body gone through this same situation? If so, what was your approach ?
2. Would it help if I fly to Nebraska Service Center?
3. Can I still apply H1 through different company and/or continue my case?
Click to expand...
 
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