My old employer withdrew my I-140 & I- 485

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dwkim

Registered Users (C)
I140 & I485 are approved, but my old employer withdrew them. is it still ok?

:confused: Hi,

I really need help.

I filed I-140 on 11/26/02 (approved on 9/7/04) and I-485 on 1/3/03 (approved 11/12/04). I thought it is just one step away from the card.
I worried a lot, because I changed my job before the I-140 was approved, but I-485 was filed more than 6 months when I left.

However I also got email from my old employer, saying they withdrew my visa petition. WWWHAAAT! I have no idea what they are thinking.

Is it possible to be denied approved I-140 and I-485 by their withdrawal? Is there anything that I can do now? I am wondering UCIS will send the approval notice to me or old employer. And if it's ok, what's next?

Please advice me. Thank you very much.

DW
 
Last edited by a moderator:
As your I-485 is approved, you are fine.

Not sure when your ex-employer tried to withdraw I-140, but it seems your I-140 is approved anyway and you already crossed 180 days after you filed I-485. So, your ex-employer's I-140 withdrwal is not going to affect your GC.
 
If you were on H1B visa with your previous employer, they should have withdrawn your H1B visa obtained through them when you left. If that is the case I am pretty sure they ment your H1B visa and not I140/I485.
 
You are fine - don't worry. In case there is any issue with your GC later - contact a good attorney. Your points would be -

1. You used AC-21.
2. Nowhere in AC-21 it is mentioned that you inform USCIS pro-actively.
3. You completed 180 days of 485 filing before using AC-21 - so your intent was clear from AC-21's angle and it was not fraud.

Chances of any issue coming up is very limited. If at all you get a letter in this regard from USCIS to explain issues - hire a good lawyer and you will be safe. Do not worry and have fun. :)
 
Thank you for comments and advice.

Hi all, :D

Thank you very much for your advice and I will wait the approved letter from INS. Maybe I did not need any interview for my case, since the I485 was approved. How long does it take to get the GC? Again thank you very much!

DW
 
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