All,
I need urgent help.
My I-140 was approved in Mar'2002.
My I485 was filed in Apr'2002 from Vermont SC.
I changed my employer on June 2, 2003. after more than 13 months of filing of I485. I decied not to send any AC21 correspondence and rather wait for RFE.
I got RFE in May'2004.
The RFE stated that response requried by 9th August, 2004. The RFE said to provide "Submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect of continued employment. The evidence may include a) an original letter of employment(stating prospect for continued employment and salary) or a Form I134 or other evidence such as bank letters etc."
I submitted my response on 21st June, 2004. The response had Original letter on company letterhead from my current employer stating date of hire, duties, remuneration and prospect for continued employment, Copy of W2 Wage statement for Year 2001 thru 2003, Copy of last 3 pay stubs and Original Query Letter as received from US Dept of Homeland Security.
I received a decision from USCIS stating.....
"On July 9, 2004 a notice was sent to you revoking your underlying Immigration Petition for Alien Worker, Form I-140. On March 11, 2002 the USCIS approved the petition and it was housed at this office. It has come to the attention of this office that you wish to withdraw the petition, thus, resulting in the revocation of the Form I-140.
The record does not contain evidence that you are the beneficiary of an approved immigrant petition, or that there is a concurrently filed immigrant petition awaiting review in your behalf. For that reason, you have not established that there is an immigrant visa immediately available to you.
Therefore, your application is denied.
The regulations do not provide for an appeal from this decision."
I was hoping for another RFE or an interview where I thought of clarifying my action under AC21. However, now I am thinking of filing a Motion to Reopen. Any clue,
1) How strong is my case?
2) How long that might take?
3) How can one expedite this?
4) What stage of my motion to reopen, will I be able to resume my work? If possible ????
Please help with any input you may have.
Thanks,
ps0868
I need urgent help.
My I-140 was approved in Mar'2002.
My I485 was filed in Apr'2002 from Vermont SC.
I changed my employer on June 2, 2003. after more than 13 months of filing of I485. I decied not to send any AC21 correspondence and rather wait for RFE.
I got RFE in May'2004.
The RFE stated that response requried by 9th August, 2004. The RFE said to provide "Submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect of continued employment. The evidence may include a) an original letter of employment(stating prospect for continued employment and salary) or a Form I134 or other evidence such as bank letters etc."
I submitted my response on 21st June, 2004. The response had Original letter on company letterhead from my current employer stating date of hire, duties, remuneration and prospect for continued employment, Copy of W2 Wage statement for Year 2001 thru 2003, Copy of last 3 pay stubs and Original Query Letter as received from US Dept of Homeland Security.
I received a decision from USCIS stating.....
"On July 9, 2004 a notice was sent to you revoking your underlying Immigration Petition for Alien Worker, Form I-140. On March 11, 2002 the USCIS approved the petition and it was housed at this office. It has come to the attention of this office that you wish to withdraw the petition, thus, resulting in the revocation of the Form I-140.
The record does not contain evidence that you are the beneficiary of an approved immigrant petition, or that there is a concurrently filed immigrant petition awaiting review in your behalf. For that reason, you have not established that there is an immigrant visa immediately available to you.
Therefore, your application is denied.
The regulations do not provide for an appeal from this decision."
I was hoping for another RFE or an interview where I thought of clarifying my action under AC21. However, now I am thinking of filing a Motion to Reopen. Any clue,
1) How strong is my case?
2) How long that might take?
3) How can one expedite this?
4) What stage of my motion to reopen, will I be able to resume my work? If possible ????
Please help with any input you may have.
Thanks,
ps0868