I140/I485 Denied.Help please

G

gc_san

Registered Users (C)
Hi
My friend has filled I485 almost a year ago. His I140 got approved 10 months ago.He switched the job just 3 months before. His old employer threaten that he will revoke my friend's I140. My friend hired Shella Krishna Murthy as a attorney. While the lawyer is still waiting for the documents from the old lawyer. Just today he got a notice from USCIS says the application is denied because of I140 got revoked. Did anybody aware this kind of situations. Help please. This is so unfortunate to happen and he has his daughter surgery tomorrow.
 
gc_san said:
Hi
My friend has filled I485 almost a year ago. His I140 got approved 10 months ago.He switched the job just 3 months before. His old employer threaten that he will revoke my friend's I140. My friend hired Shella Krishna Murthy as a attorney. While the lawyer is still waiting for the documents from the old lawyer. Just today he got a notice from USCIS says the application is denied because of I140 got revoked. Did anybody aware this kind of situations. Help please. This is so unfortunate to happen and he has his daughter surgery tomorrow.
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This is not as bad as it looks like for the first time. As far as I know though the old employer formally can revoke the I-140 but that does not really matter because according to the AC21 law more than 180 day passsed and your friend changed employer just after that. So I140 will remain valid and I1485 can be continued. Maybe others can describe this in a more understandable way but probably this is the essence of this situation.

Shrikanth
 
gc_san said:
Hi
My friend has filled I485 almost a year ago. His I140 got approved 10 months ago.He switched the job just 3 months before. His old employer threaten that he will revoke my friend's I140. My friend hired Shella Krishna Murthy as a attorney. While the lawyer is still waiting for the documents from the old lawyer. Just today he got a notice from USCIS says the application is denied because of I140 got revoked. Did anybody aware this kind of situations. Help please. This is so unfortunate to happen and he has his daughter surgery tomorrow.
Click to expand...
I-485 filed about 1 year back and was pending ANDI-140 was approved 10 months back, your friend left the company 3 months back it means I-140 was approved and I-485 pending more than 180 days. your friend is eligible for AC21 if he can inform or informed USCIS with new employer letter with same/similar job duties and offer of permanent job.
*** if the past employer tried to revoke the I-140 after 10 months of I-140 approval and USCIS informed I-485 is denied becase I-140 revoked, it seems mistake of USCIS or your friend did not invoke AC21 letter. your case is being handled by Sheela Murthy and she will take care of it if it is USCIS mistake ( FYI she is Sheela Murthy not sheela krishna murthy)
 
Invoking ac21 letter...is it mandatory ?

Many lawyers are recommending not to send any ac21 letter.

However, when the denial of I-485 has come, all one has to do is to respond
to it with

1) New Job Offer Letter..with new salary, etc
2) Letter from new employer describing how job skills are similar to what
is mentioned on applicant's labor
3) Claim that ac-21 is being made use of

and that's it. Am I right ? Did I miss anything ?
 
gc_san said:
Hi
My friend has filled I485 almost a year ago. His I140 got approved 10 months ago.He switched the job just 3 months before.
>>>> did he send an AC21 letter after his switch ?
His old employer threaten that he will revoke my friend's I140.
My friend hired Shella Krishna Murthy as a attorney. While the lawyer is still waiting for the documents from the old lawyer. Just today he got a notice from USCIS says the application is denied because of I140 got revoked.
>>>> What was Sheila Murthy immediate response ? I would first let her explain the course of action and possibilities of re-applying or appealing instead of jumping in to offer what you read or heard in this forum, for your own peace of mind, I think he is still fine - read this post : (look for Jim Mills Post)
http://www.immigrationportal.com/showthread.php?p=1046262
Did anybody aware this kind of situations. Help please. This is so unfortunate to happen and he has his daughter surgery tomorrow.
>>>> Very sorry to hear, we pray that her treatment doesnt get disturbed...
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Be careful of using AC21 .

He just talk to his lawyer from Murthy's office.They mention he needs a H1B. He is not sure whether his employer can do this.That makes life misreable.

Be careful of using AC21 .
 
GC_SCAN,

You mentioned that he needs an H1B. Was your friend having H1B also from previous employer when he left them? In this case does it mean that when you move onto some other employer using AC 21 you should also maintain your H1B status with the new employer??? Is it possible to transfer the H1B as wella s send the AC21 letter to the INS? Can you or anyone pls answer to my question. Appreciate your help.

Thanks,
Madhu S
 
gc_san said:
Hi
My friend has filled I485 almost a year ago. His I140 got approved 10 months ago.He switched the job just 3 months before. His old employer threaten that he will revoke my friend's I140. My friend hired Shella Krishna Murthy as a attorney. While the lawyer is still waiting for the documents from the old lawyer. Just today he got a notice from USCIS says the application is denied because of I140 got revoked. Did anybody aware this kind of situations. Help please. This is so unfortunate to happen and he has his daughter surgery tomorrow.
Click to expand...

I think May 2004 memo regarding 'Requests for Evidence' might have been the reason for such irresponsible denials. It is good that USCIS has rescinded this memo.

Ask your friend to apply for MTR with new employment letter and couple of pay stubs. He will get the approval. It is pain But will be cured.
 
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