I140 Revoked / I485 Denial for a perfect AC21 case

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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.
 
Post was little confusing with the time when he swithed.Asuming thatI140 was approved when he switched your friends case is simple answer the NOID with AC21 docs and he should be fine.

if I40 was pending when he switched he might be in trouble. I think you should get a lawyers advice on that
 
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gc_san: See my response to your post in the general 485 forum.

zipper: he cannot answer the NOID - appears like his case has been outright denied rather issuing a NOID. He needs to get in status immediately if he was not maintaining H.

- ab
 
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.
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If I-140 was approved at the time of changing jobs and I-485 pending for more than 180 days then you can use AC21. Your friend can file a Motion To Reopen the case assuming you have a copy of the approved I-140 or have the receipt number for the I140. Technically I-140 cannot be revoked if it is already approved but I have read in different forums that USCIS will deny the application if I-140 is revoked. If that happens, you can file a MTR with the correct documentation and you should be all set.

You have 30 days from the date of denial to file for MTR. Filing MTR will give you a new receipt number. Once the MTR has been filed you should not have a problem as long as:

1. You know it is a mistake on USCIS's part.
2. Have a valid EAD or H1B.

My case was very similar and my employer agreed that I can continue working since my EAD was valid until Aug05. We filed for MTR and the case was approved within 15 days.

Check out this thread...
http://boards.immigrationportal.com/showthread.php?t=162535

Hope it helps.
 
Yes, As long you file MTR, it will put you back in AOS status right away, according to another post on this board. Sorry, I couldn't find the original post.
 
Thanks.Can my friend work in EAD

Just to clear the I140 approved and my friend has a copy of I140 and labor .He filled his I485 on March 4 2004.What is MTR?.

The notice says I485 is denied. What my friend should do. Can he still use his EAD. Right now He is working with the EAD and his new employer does not ready to sponsor H1B (American Based company)?. He is confused whether he can use his EAD or not?.
 
gc_san said:
What is MTR?.

---> Motion to re-open

Can he still use his EAD.

---> Most probably not. read the excerpt from a Murthy answer below. He can get his H1 from some other firm which can contract him to his current employer.
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from murthy chat: http://www.murthy.com/chatdb.php?sFor=denied&Cat=adjofstatus

Question : My six years of H1B expired. My I-485 was denied. I filed a Motion to Reopen. I have EAD. Is it invalid since I-485 is denied? Can I file for H1B seventh-year extension?

Answer : Generally, the BCIS will revoke the EAD when the I-485 has been denied. However, in a Memo the BCIS has taken the position that a person who is still on H1B status may file an H1B extension based on the LC or I-140 having been filed more than one year prior, even if the I-485 is denied. Since the H1B has expired, this, of course, poses a problem since the BCIS" present interpretation is not to allow the person to obtain an H1B extension nor a one-year extension with consular notification since they read the word "extension" literally. This issue may require some guidance, also.
Date : 2003-07-07

---------------------

Question : Is EAD valid until the date even when I-485 is denied?

Answer : The EAD is valid and the employer hiring a person may be protected, but if the INS has denied the I-485 there is a strong chance that within a few weeks they will send out the revocation notice to terminate or revoke the EAD approval. So, it is best to file the H1B and then depart, if that is possible, depending on the circumstances.
Date : 2002-07-08
 
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Wait a minute guys.... didn't he say that this is a perfect case that fits into AC21? Then NSC goofed off and I understand the onus still lies on us to prove.. But if they messed up with the application of AC21, then the revocation is not even valid???
 
gc_san, I would suggest to your friend to fight the Denial instead of leaving the country for H1B. But get good advice from couple of legal experts prior to making any decisions.
 
srireddy said:
gc_san, I would suggest to your friend to fight the Denial instead of leaving the country for H1B. But get good advice from couple of legal experts prior to making any decisions.
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Totally agree...fight it out and make sure your congressman and lawyer understands the pressure you are under. I was able to continue working on the valid EAD because the employer is protected because of the mistake INS committed. Fight it out man...it may cost your friend a little money to file Motion to Reopen and lawyer fees but it is worth it. Even if the congressman cannot help you, the kep is to file the Motion To Reopen within 30 days and make sure you have proof that USCIS received it - certified mail/fedex will work.
 
Need congress man info fro Detroit,MI

Thanks guys. Yes My friend is defenitely going to fight for this. He is discussing with lawyer now. Hopefully the lawyer will file the MTR pretty soon.He is also thinking of contacting congress Man Once his daughter gets well.

The only worry at this point is the new employer may not sponsor the H1b either he has to file a new H1B with a different employer and lose the current job while he fight for this case. Anyway I will keep you guys posted on this. If any of you guys have any idea about how to get the congress man info for Detroit,MI and what are the documents he needs etc..Please pass it to us.Thanks for all the replies .
 
gc_san said:
Thanks guys. Yes My friend is defenitely going to fight for this. He is discussing with lawyer now. Hopefully the lawyer will file the MTR pretty soon.He is also thinking of contacting congress Man Once his daughter gets well.

The only worry at this point is the new employer may not sponsor the H1b either he has to file a new H1B with a different employer and lose the current job while he fight for this case. Anyway I will keep you guys posted on this. If any of you guys have any idea about how to get the congress man info for Detroit,MI and what are the documents he needs etc..Please pass it to us.Thanks for all the replies .
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No need to file H1B. With MTR his EAD is valid.
 
atlantabhopali said:
Are you sure? As per Murthy (see chat logs pasted above), his EAD would be revoked soon by CIS.
- ab
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I continued to work on EAD while filing for MTR. According to the congressman's office and USCIS Vermont (I spoke to an officer), the employer is protected. You need to talk to the employer/lawyer to do the needful.
 
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