I485 denial

[gc_san]

Hi
My friend has filled I485 almost a year ago at NSC. 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.

 

[jllag1]

Hi
My friend has filled I485 almost a year ago at NSC. 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.

Looks like he can use AC21 as his 485 has been pending for more than 6 months and his 140 was approved (at one time). Hopefully, Murthy will be able to get the denial overturned.

 

[atlantabhopali]

Firstly, he doesn't needs to wait forever for docs from ex lawyer. He can (a) file FOIA (search this forum for how-to) and get copies of all docs from CIS or (b) he can send a registered letter to the old lawyer demanding all docs immediately - He should know that the 485 is his application (not his ex employers) and hence if the lawyer refuses to provide docs to him, the lawyer can be debarred if he complains to AILA.

Secondly, his case seems like a straightforward AC-21 case. He should have informed CIS about his job change 3 months ago. Nonetheless, hopefully his attorney can either get the decision overturned or file motion to reopen.

What status is he in now? Hopefully he is maintaining H status for him/his family. If not, he needs to get H immediately as he is out of status right now. He cannot stay or work without H while his lawyer is pleading for his case to be "reconsidered".

goodluck!

- ab