I485 denied: received denial notice from VSC just now

G

gchopeful1

Registered Users (C)
Hi friends:
We finally received the denial notice from VSC. The letter says:

"On May XX, 1999, filed an I-140, Immigrant Petition for Alien Worker. On November XX, 2000, that petition was revoked."

Our details: PD 2/97, EB2 India, RD 09/22/99, ND 10/4/99

What is really bizzare is: I\'ve been with the same company since 1996, and even my corporate attorney was baffled why my I485 could be denied.

Now, when I call up the VSC number and enter the EAC# for my approved I140 petition, it says that this petition was revoked on November XX, 2000, and that a letter explaining the reason why that petition was revoked had been mailed. Obviously if this letter was mailed, my attorney should have received it and known about it, but obviously they don\'t. Unfortunately, we can\'t do anything until Monday till we talk to our attorney, but thought to share this information with all of you.

Let me know if you have any suggestions, thoughts, or words of wisdom.

Thanks a lot to everyone on this board who has helped us and given us hope, encouragement, and support during our hour of need.
 
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Don\'t worry. This looks like a mistake on the INS part. talk to your attorney and see if you can appeal it. I am sure you will get through .... Good luck to you.
 
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Thanks for posting your details promptly. Seems to be somewhere something went wrong. I am sure you will get thru this hurdle.
Please keep us posted with updates.

I wish you GoodLuck.
 
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First a few questions ...

1. did you change jobs or are you with the same employer?

2. did your employer file for an amended I140, due to name change or merger/acquisition?

You have to wait until you get to hear from your attorney about what exactly has happenned. However, from the AC21 provisions, after 180days of pending I485, the I140 belongs to the employee and not the employer. You can also write to Ms. Linda Dodd-Major at the Office of Business Liaison, INS HQ (Her email is office.business.liaison@usdoj.gov) and she should be able to help you; she helped lallisri123@yahoo.com when his case was wrongfully denied by CSC. Also, contact some good attorney Shusterman, Khanna, Gotcher, etc to get some clarification independent of what your company lawyer says.

Do keep us posted about your case.
 
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I have been with the same employer and am still. No there has been no name change or mergers etc of the company.
Does anyone know if INS can revoke a I140 petition 14 months after approving it? Do you think that is a possibility?
 
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Hi,

I think INS has revoked your I-140 by mistake...if I remember
correctly, there is a user on the isn.org forum who faced a similar
situation...his/her 485 was denied...I *think* it\'s for the same
reason...INS revoking his/her I-140 by mistake...I am not exactly
sure though...but, what happened is he/she filed a motion to
reopen the case and INS reopened it...

You can contact him/her at lallisri123@yahoo.com. I browsed thru
all the 485 archives of isn.org, but couldn\'t find the thread where he/she reported this...I will search again, and see if your cases
are similar....but, it doesn\'t hurt to send an email to this person...his/her Service Center is CSC (if I remember correctly)...
his/her userid on isn.org is "lallisri"

Wish I could be of more help...but, please don\'t lose hope...I am
sure it\'s a mistake by INS...and it will be resolved without you
facing any more problems...

Srini
 
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Srini
Thanks a lot for taking the time to help us out. I will email lallisri.
Can\'t thank you enough.
 
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Hi Srini
I found the message posted at isn.org by lallisri. His 485 was denied because INS said that when he had filed the case his PD was not current. This however was not true. He had filed when the date was current and then the dates retrogressed. His case was reopened.
 
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You don\'t have to thank me....we are all in this together...

Lots of folks on this board helped me out...

Srini
 
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Aw shucks!....I am sorry if I raised your hopes a lot...

I thought that his/her I-140 was revoked....but, please correspond with him/her as to what he/she did in terms of reopening the
case...

Also, speak with your Attorney about this mysterious I-140 revoking letter...

Please don\'t give up....

Srini
 
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gchopeful:

Do not lose hope. I am pretty sure that the INS will not revoke the I-140 approval untill and unless there is a major problem with your application. Based on what you are saying, looks like it should be okay. Any way talk to your attorney and try to figure out what went wrong.

Hang in there. I know it is pretty nerve wracking. But stay cool and you will get through this. Please post details and developments and share it with the board.

GOOD LUCK
 
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Did your employer/lawyer by any chance revoke your I140 ? Maybe they did it by mistake ?!! Revoking of the I140 by the employer is a surefire case where the 485 would be denied. Maybe they intended to revoke the I140 of someone else, and actually revoked yours by mistake ?!!! Check it out.
 
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Hi,

I-140 is a process evaluating the information you provided during you r labor cretification. I do not see any reason for someone\'s I-140 to get rejected when they have valid documents. When you file for I-485, I believe you should send a I-140 approval notice to the INS.

It is hard for someone to understand why your I-140 application was rejected after it has been approved 14 months ago. If you need to file I-140 Amendment ( in your case, I don\'t think it is required.), INS can\'t reject your approved I-140 application.

Having said all this, I guess it is just a mistake by INS.

Hope, you will not have any problem.

Good Luck and I am sure you will have a stable mind to overcome this process of frustration.

Thanks for posting this information promptly.
 
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We too are baffled. I guess we will find out tomorrow what happened. Whether the company goofed up or INS!! Will talk to the corporate attorney tomorrow and ask her to find out what happened.
 
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gchopeful1, I am sure that this will turn out to be some kind of a mistake. If the revocation letter never was recevied by your lawyer then I think they may have mixed up your case with someone else\'s.
Hopefully things will sort themselves out OK for you pretty soon.
Take, keep and follow legal advice.
 
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GcHopeful1

Sorry to hear that but I am definate that is an mistake by INS, I know a lawyer who is very
very good and have heard a lot about him an specially He can go to US consulates and can
fight for the case in case it was denied and he has done that in past and won. I have met
him personally and while I was there he was talking with his client who had called from
India, the way he talked cant belive it his client had lied under the oath and then also
this lawyer goes like " Fikar mat karo, Koi takat nahi hai jo hame GC na de" and he was very
cool but unfortunately he is not my lawyer as I came to knew about him a bit late, So what
I would suggest is call him he answeres all his calls personally try after 4pm EST and gives
all the legal advise "NO CHARGE" yes thats right. He is located in Norfolk, VA In case u want
to change lawyer then he can study ur file and then take ur case. His name is "Satnam Singh"
number 757-455-0888. I am not sure about the number but try a search in www.google.com and u
can find it. Thats how i found it when I needed it.

Wish u all the Best and let me know if u need any other details
 
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hi
   I was looking at your information. MY I485 got denied
because service center revoked my I140. They had issued
a notice of intent to revoke the I140, because they had
in correctly approved my I140 under EB2. After 3 1/2 yrs
in 485, they have denied the case. I had applied for a
new 485 based on an other I140 i got ( substituted with
labor cert. ) just 2 days back.

I am at maanesh@aol.com.

may be we can excahnge information ?

thanks
 
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Braveheart2:

Sorry to hear ur case. But in which category was ur 140 applied. Was it applied in EB3 category and they by mistake approved it in EB2 category ?
 
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