Intent to deny I 485 after I 140 was withdrawn

H

HaraKad

Registered Users (C)
Hi,

Does anybody have a similar experience??

We left the Country when 485 was pending. The 485 was in the approval stage but the Employer withdrew I 140.

Now we r back in U.S. (with the same Employer) and the lawyer informed us that they got an 'intent to deny I 485' message from INS since the I 140 was withdrawn.
The lawyers have asked the INS to reconsider the petition for I 485 and applied for a new I 140. They are hoping that the 485 can still be approved.

My questions are:

1. Will the INS accept such a request considering the fact that the same employer which withdrew the application is asking them to reconsider?

2. Does 'intent to deny' also mean that we are being given one last chance?

We have never changed Companies and are with the same Employer since day one.


Any suggestions? Inputs??

Please help us. I do hope there is some way to resolve this issue after staying for 7+ years in this Country.


Thanks.
 
HaraKad said:
Hi,

Does anybody have a similar experience??

We left the Country when 485 was pending. The 485 was in the approval stage but the Employer withdrew I 140.

Now we r back in U.S. (with the same Employer) and the lawyer informed us that they got an 'intent to deny I 485' message from INS since the I 140 was withdrawn.
The lawyers have asked the INS to reconsider the petition for I 485 and applied for a new I 140. They are hoping that the 485 can still be approved.

My questions are:

1. Will the INS accept such a request considering the fact that the same employer which withdrew the application is asking them to reconsider?

2. Does 'intent to deny' also mean that we are being given one last chance?

We have never changed Companies and are with the same Employer since day one.


Any suggestions? Inputs??

Please help us. I do hope there is some way to resolve this issue after staying for 7+ years in this Country.


Thanks.
Click to expand...
If you were always with the same employer why the heck did they withdraw your 140 and are now applying a new 140 ?!?!

Seems like a risky move to me .... you *may* be asked to file a new 485.

But again, why was this done in the 1st place ?!?
 
AC21 Portability

You may ask UnitedNations if you can qualify for AC21 and submit an offer letter from another employer to invoke AC21 benefit and get your I-485 adjudicated.
Best of luck.
Dil
 
HaraKad said:
We left the Country when 485 was pending. The 485 was in the approval stage but the Employer withdrew I 140.

Now we r back in U.S. (with the same Employer) and the lawyer informed us that they got an 'intent to deny I 485' message from INS since the I 140 was withdrawn.
The lawyers have asked the INS to reconsider the petition for I 485 and applied for a new I 140. They are hoping that the 485 can still be approved.

My questions are:

1. Will the INS accept such a request considering the fact that the same employer which withdrew the application is asking them to reconsider?

2. Does 'intent to deny' also mean that we are being given one last chance?

We have never changed Companies and are with the same Employer since day one.
Click to expand...

I think USCIS is aware of I-140 revocation and assumed that you have changed your employment. So they sent intent to deny notice assuming you are going to invoke AC-21. But it seems that is not the case for you. First of all, if your I-140 is revoked before your I-1485 was pending for 180 days or more, then you have very blick chance for your I-485. On the other hand, if your I-140 was revoked at a time when your I-485 was pending for 180+ days, then probably you can invoke AC-21. You need to talk to your attorney regarding this issue.
However, you problem is not over there. As you have left country after filing I-485 without AP or valid dual-intent visa, USCIS may consider that your I-485 is abandoned all together. Basically your situation is pretty tricky.
 
Pralay,

Your comments:
" USCIS may consider that your I-485 is abandoned all together"

what is the worst case scenario if they think that 485 was abandoned by us??

Please do let me know.

Thanks for your time.
 
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