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

[dwkim]

I140 & I485 are approved, but my old employer withdrew them. is it still ok?

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

 

[pralay]

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.

 

[timaeuti]

Talk to a good lawyer.

 

[curiousGeorge]

If you I-485 is already approved, then the withdrawn I-140 will not make a difference.

 

[Gegemon]

If you were on H1B visa with your previous employer, they should have withdrawn your H1B visa obtained through them when you left.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.

 

[Jharkhandi]

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.

 

[dwkim]

Thank you for comments and advice.

Hi all,

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