I140- Intent to Revoke Notice in April 2009 after I-485 applied in May 2008

loosing_all_hop

New Member
Hello friends,
EB3

- Mine Original labor was filed in october 2001
- I-140 denied in 2006 because company has -ive profit from 2001-2005
- In October 2007 company filed I-140 substitution (priority date is around same october 5 2001).
- Substituted I-140 got approved in Jan 2008
- 485 applied in May8 2008.
- Finger Printing Done in May 2008 , last week.
- Also Got EAD for myself and Advanced Payroll.
- H1 will be ~10th year finished in June.
- Today I got "Intent to Revoke I-140" from INS as they say that "Ability to pay was not established for first I-140". So some another immigration service office has determined that ability to pay is not established for this I-140 , so it should be revoked.


Seems lost 10 years of my life for nothing.

My company (not a consulting company though) has no profit even until 2008.

What should I do , Please suggest? Should I switch a new employer via AC21? What are the chances that new AC21 will survive. It had been 11 months since i applied 485.

I had been with same employer so far.
 
Work closely with your lawyer. Have your lawyer communicate directly over phone with the officer who sent you the intent to revoke letter. In my case that helped a lot although I had a different issue. I sat in my lawyers office until she contacted the officer. Ask them what they need to get the process going.
Also see if your employer can support your case somehow to establish the ability to pay. Remember, GC is for future employment, so as long as your employer can establish the ability to pay for the future date and can provide you with the document to support their claim you should be fine.
There are always ways out of trouble..so don't worry! It's just a matter of time.

Leo




Hello friends,
EB3

- Mine Original labor was filed in october 2001
- I-140 denied in 2006 because company has -ive profit from 2001-2005
- In October 2007 company filed I-140 substitution (priority date is around same october 5 2001).
- Substituted I-140 got approved in Jan 2008
- 485 applied in May8 2008.
- Finger Printing Done in May 2008 , last week.
- Also Got EAD for myself and Advanced Payroll.
- H1 will be ~10th year finished in June.
- Today I got "Intent to Revoke I-140" from INS as they say that "Ability to pay was not established for first I-140". So some another immigration service office has determined that ability to pay is not established for this I-140 , so it should be revoked.


Seems lost 10 years of my life for nothing.

My company (not a consulting company though) has no profit even until 2008.

What should I do , Please suggest? Should I switch a new employer via AC21? What are the chances that new AC21 will survive. It had been 11 months since i applied 485.

I had been with same employer so far.
 
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