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I140 Revoked, Want to file FOIA,help
- Thread starter chito123
- Start date
chito123 said:Hi gurus,
I140 AD 08/2003,
I485 RD/ND 07/2003
AC21 Invoked on 05/2004. Informed INS.
But my previous employer sent a letter to ins to invoke I140(reasons you know)
--- do you know when he sent letter to revoke I-140? was it sent after I-485 pending hit 180 days or BEFORE that
. Is it a good idea to get approved I140 copy by invoking FOIA ?
--you can try FOIA but if he sent letter BEFORE I-485 hit 180 days may be problem FOIA may not help
Please suggest.
chito123
Con_File_Feb
Registered Users (C)
Hi,
I did not get clear picture on your case, your 140 is approved on 8/2003 and it had been more than 6 months you have filed your 485.
When did you used your AC21 ? Is it before or after 180 days of 485 notice date?
I have done FOIA recently and it took me nearly 2 months to get that.
File for motion to reopen, some people in this forum has done that.
I did not get clear picture on your case, your 140 is approved on 8/2003 and it had been more than 6 months you have filed your 485.
When did you used your AC21 ? Is it before or after 180 days of 485 notice date?
I have done FOIA recently and it took me nearly 2 months to get that.
File for motion to reopen, some people in this forum has done that.
chito123 said:Hi gurus,
I140 AD 08/2003,
I485 RD/ND 07/2003
AC21 Invoked on 05/2004. Informed INS. But my previous employer sent a letter to ins to invoke I140(reasons you know). Is it a good idea to get approved I140 copy by invoking FOIA ? Please suggest.
chito123
AC21 Invoked after >180 days & I140 approved
Hi Ginnu & Con,
I quit from the company A on 04/15/2004 and joined other one(B). my PREVIOUS employer might have sent a letter to INS around the same time to invoke my I140 which was already approved on 08/2003. I joined other employer B ,but never worked for him. One week later I quit from B and joined C. I have sent AC21 letter from B in May'2004. I have sent another AC21 letter from C in June'2004. Both the times I did this thru my attorney.
I never had "approved copy of I140". But my attorney has it. He is not willing to give me the copy since it is company's property. So, is it possible to get the approved copy from INS by FOIA ? Online status for my I140 still remained same which says "your I140 has been approved on....". LUD also never changed since it was approved(08/2003).
Thank you both for your quick response,
Your help is always appreciated
chito123
Hi Ginnu & Con,
I quit from the company A on 04/15/2004 and joined other one(B). my PREVIOUS employer might have sent a letter to INS around the same time to invoke my I140 which was already approved on 08/2003. I joined other employer B ,but never worked for him. One week later I quit from B and joined C. I have sent AC21 letter from B in May'2004. I have sent another AC21 letter from C in June'2004. Both the times I did this thru my attorney.
I never had "approved copy of I140". But my attorney has it. He is not willing to give me the copy since it is company's property. So, is it possible to get the approved copy from INS by FOIA ? Online status for my I140 still remained same which says "your I140 has been approved on....". LUD also never changed since it was approved(08/2003).
Thank you both for your quick response,
Your help is always appreciated
chito123
I-140 Approved August 2003chito123 said:Hi Ginnu & Con,
I quit from the company A on 04/15/2004 and joined other one(B). my PREVIOUS employer might have sent a letter to INS around the same time to invoke my I140 which was already approved on 08/2003. I joined other employer B ,but never worked for him. One week later I quit from B and joined C. I have sent AC21 letter from B in May'2004. I have sent another AC21 letter from C in June'2004. Both the times I did this thru my attorney.
I never had "approved copy of I140". But my attorney has it. He is not willing to give me the copy since it is company's property. So, is it possible to get the approved copy from INS by FOIA ? Online status for my I140 still remained same which says "your I140 has been approved on....". LUD also never changed since it was approved(08/2003).
Thank you both for your quick response,
Your help is always appreciated
chito123
I485 was filed in July 2003
Left the Employer who filed I-140 April,2004 ( it means your I-140 was approved AND I-485 was PENDING more than 180 days when you left the employer) you suspect that Employer A may have sent the letter to USCIS to revoke the I-140 letter in April 2004, if the above info is true then USCIS is NOT going to revoke the I-140 even if employer sent letter to revoke I-140 in April 2004 . no need of FOIA you are SAFE to use AC21. for more info take the print out of USCIS august MEMO:
http://www.bcis.com/images/yates.memo.8.4.03.pdf
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0818-I140.pdf
http://www.murthy.com/news/UDportme.html
Con_File_Feb
Registered Users (C)
Hi,
I agree with Ginnu, Since you case has passed 180 days, your case cannot be denied.
Did you already got the denial letter from USCIS ?
Contact good lawyer and support your 485 properly, use G28 to change the lawyer in your 485.
I do not know, if we can get a copy of 140 approval notice using FOIA, I would like to try too and i am sending the FOIA request today.
Good Luck.
I agree with Ginnu, Since you case has passed 180 days, your case cannot be denied.
Did you already got the denial letter from USCIS ?
Contact good lawyer and support your 485 properly, use G28 to change the lawyer in your 485.
I do not know, if we can get a copy of 140 approval notice using FOIA, I would like to try too and i am sending the FOIA request today.
Good Luck.
chito123 said:Hi Ginnu & Con,
I quit from the company A on 04/15/2004 and joined other one(B). my PREVIOUS employer might have sent a letter to INS around the same time to invoke my I140 which was already approved on 08/2003. I joined other employer B ,but never worked for him. One week later I quit from B and joined C. I have sent AC21 letter from B in May'2004. I have sent another AC21 letter from C in June'2004. Both the times I did this thru my attorney.
I never had "approved copy of I140". But my attorney has it. He is not willing to give me the copy since it is company's property. So, is it possible to get the approved copy from INS by FOIA ? Online status for my I140 still remained same which says "your I140 has been approved on....". LUD also never changed since it was approved(08/2003).
Thank you both for your quick response,
Your help is always appreciated
chito123
I'm confident now
Hi Ginnu,
I see you helping many ppl in this forum. Thank you for sending me the information. I am feeling better and strong to take on my previous employer. I filed a wage claim against him in labor office 2 months ago. Do you know if there is any seperate forum for discussions how to sue employers for not re-imbursing h1b costs, labor filing cost, I-140 filing cost etc. Thanks a lot again for sparing time for my query.
Hi Con_File_Feb,
My 485 case was not denied. I am still waiting for approval. good luck to u for your FOIA.
thank you,
chito
Hi Ginnu,
I see you helping many ppl in this forum. Thank you for sending me the information. I am feeling better and strong to take on my previous employer. I filed a wage claim against him in labor office 2 months ago. Do you know if there is any seperate forum for discussions how to sue employers for not re-imbursing h1b costs, labor filing cost, I-140 filing cost etc. Thanks a lot again for sparing time for my query.
Hi Con_File_Feb,
My 485 case was not denied. I am still waiting for approval. good luck to u for your FOIA.
thank you,
chito
chito123 said:Hi Ginnu,
I see you helping many ppl in this forum. Thank you for sending me the information. I am feeling better and strong to take on my previous employer. I filed a wage claim against him in labor office 2 months ago. Do you know if there is any seperate forum for discussions how to sue
employers for not re-imbursing h1b costs, labor filing cost, I-140 filing cost etc.
----- do you mean that YOU paid for H1, LC and I-140 filing fees??? did you pay cash to your employer?? did you also paid to lawyer for H1, LC and I-140 filing? how did you pay explain in detail
Thanks a lot again for sparing time for my query.
Hi Con_File_Feb,
My 485 case was not denied. I am still waiting for approval. good luck to u for your FOIA.
thank you,
chito
By check
I paid to attorney by check. I have copy of cleared checks. paid $1700 for h1b renewal, $1500 for LC, $1500 for I-140. I will find some attorney to deal this. I have another concern regarding my first finger print which I gave it in May 2004. LUD never changed for I-485. Even I called INS and asked them if they have recvd my FP. Rep told me that INS would have asked me for FP one more time if they dont have. My attorney also told me that online status might not be updated. Any suggestions how to make sure INS had recvd my FP ?
thank you,
chito123
I paid to attorney by check. I have copy of cleared checks. paid $1700 for h1b renewal, $1500 for LC, $1500 for I-140. I will find some attorney to deal this. I have another concern regarding my first finger print which I gave it in May 2004. LUD never changed for I-485. Even I called INS and asked them if they have recvd my FP. Rep told me that INS would have asked me for FP one more time if they dont have. My attorney also told me that online status might not be updated. Any suggestions how to make sure INS had recvd my FP ?
thank you,
chito123
Last edited by a moderator:
chito123 said:I paid to attorney by check. I have copy of cleared checks. paid $1700 for h1b renewal, $1500 for LC, $1500 for I-140. I will find some attorney to deal this.
I have another concern regarding my first finger print which I gave it in May 2004. LUD never changed for I-485. Even I called INS and asked them if they have recvd my FP. Rep told me that INS would have asked me for FP one more time if they dont have.
---that is correct info
My attorney also told me that online status might not be updated. Any suggestions how to make sure INS had recvd my FP ?
-------- you can call FBI on 3046253878, 3046255590, provide name, DOB,and A# and date you did fingerprints
thank you,
chito123
jacquelina
Registered Users (C)
Hi chito,
If you ever find out about sueing employer, then please post up info. We too paid all our attorney fees for original H1-B and renewals and for GC filing and were promised reimbursement from employer- of course this never came. It is too late for us now, and I will be happy just to get GC, but I am sure others could benefit from this info.
good luck and fingers crossed for you!
If you ever find out about sueing employer, then please post up info. We too paid all our attorney fees for original H1-B and renewals and for GC filing and were promised reimbursement from employer- of course this never came. It is too late for us now, and I will be happy just to get GC, but I am sure others could benefit from this info.
good luck and fingers crossed for you!
chito123 said:Hi Ginnu,
Are these phone numbers to check the status on FP
---FP
or Name check ?
Do they provide that info over phone?
--YES, do you think I provided you wrong #?
now dont come back saying "what they will say" call up and find, please dont expect baby sitting.
chito