Lawyers Confusing me, Ginnu, UN please respond

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ACDC

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Hi All,
I have 140 approved, 485 filed in Dec 04, pending for more than 6 months. I applied with a substitute labor under EB3 and the application is retrogressed. I am planning to change my employer next week. I have contacted 2 lawyers and both of them have told me that they won't file paperwork stating i have used AC 21 when i change my employer. They will wait for RFE from INS and then respond to it. This even after telling them that i am confident that the employer will revoke my 140. I don't understand their reasoning or their motive?

I know this has been asked here before and i will hunt it down but at this point of time does it make sense for me to take matters in my own hand and file an AC 21 by myself. Is it risky to do it by myself v/s getting a lawyer to do that.
 
This is what the recent Yates memo has to say ...

Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:

A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.


Memorandum for Service Center Directors, et al.
Subject: Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the
Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) Page 7
 
UN,

So, what happens, if INS has revoked 140 and I send in Ac21. if they accept my AC21, will they do anything to revoked 140, will they take the revokation back.

It happened with me. INS revoked my approved 140 and updated 140 (LUD changed) that it has been revoked and sent me NOID. After I responded, there is no change in 140 LUD, only in 485. is it okay? They will keep 140 revoked and may approve my Ac21?
Can you please advise on this?
 
Who is autorized Company or attorney ?

Who is authorized to revoke approved I140 ? Company or G-28 mention attorney?

Thanks.


defleopard22 said:
UN,

So, what happens, if INS has revoked 140 and I send in Ac21. if they accept my AC21, will they do anything to revoked 140, will they take the revokation back.

It happened with me. INS revoked my approved 140 and updated 140 (LUD changed) that it has been revoked and sent me NOID. After I responded, there is no change in 140 LUD, only in 485. is it okay? They will keep 140 revoked and may approve my Ac21?
Can you please advise on this?
Click to expand...
 
Thanks UN. My only question is:

Right now, last LUD on my 140 is of the date when it was revoked.
When they make the decision on my 485, will they update the 140 also.
 
Lawyer is company person, how to change lawyer

unitednations said:
attorney or company representative.

obviously, attorney will not send in revocation unless company requests it.
Click to expand...


I filed concurrently last year Aug 2004, I140 was approved couple of months back in 2005. I came to know there is no problem in changing employer.

I want to change the lawyer also, because the company filed for GC and the company has its inhouse lawyer. I dont want to have any trouble with company lawyer.

How to change the lawyer, what has to be informed to USCIS.
 
Thanks for the information UN

Thanks again UN, you have again helped me and other people in the waiting tremendously. This is what i am going to do for now:
1) Send in a letter cancelling the previous employers lawyer representing me for the 485 (cancelling the G28)
2) Send in AC 21 letter by myself and keep my fingures crossed. If there is any RFE / NOID after that i will hire a lawyer.
3) Maintain a valid H1B Status.

the only doubt i have is about (2) and my ability to handle the AC 21 letter. I think i will do a copy / paste of a simple letter from this forum. The only reason i want to do it proactively is because no-one has given any reason for not sending the letter for it and murthy seems to favor sending it in - http://answers.google.com/answers/threadview?id=559556

Thanks again.
 
unitednations said:
No, they won't update it.

You will get approved.
Click to expand...
Hi UN,
I read quite a few AC cases here. Their 140 were revoked by previous employers after 485 pending 180 days and USCIS issued intention of denial.

What do you think about this? I think it's contradictive to AC21. I'm worried about this because I'm going to use AC21 when I'm eligible. Do you think I will have risks to change employer after I'm eligible for AC21?

Thank you very much for your opinion.
 
unitednations said:
It's more of a procedural issue with USCIS. If you are eligible for ac21 you will get approved after a NOID or RFE.
Click to expand...
Thanks for your quick response.
In one word, you believe there is nothing to worry about if I am eligible for AC 21, even my 140 was revoked when my 485 is adjudicated.
 
see AC21 from what i read from the documentation is if the send you the NOID or RFE and you have switched jobs after 180 days and you are in a same or similar job position.

that means your labor cannot be for security engineer and you cannot use your AC21 to work as a database engineer. there has to some similarity in the job profile (this is something you might have to get from the current employer to prove to USCIS that you are working in a "same or similar" job)
 
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