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Opt for AOS after unsuccessful Consular Interview ?
- Thread starter gclaga
- Start date
GCChaahiye
Registered Users (C)
gclaga said:Not sure if Cancellation and Sent back for Review is the same.
But the case was "sent back for review" since my Company got Acquired by another one.
You attended your CP interview but they did not approve and sent your case file back to US for review?
Am I right?
What did they tell you at your CP interview? What did they ask?
gclaga,
Please check out http://uscis.gov/lpbin/lpext.dll/in...21/fr-15576?f=templates&fn=document-frame.htm in "II. Successorship in Interest "
"To establish successorship in interest, the new employer must submit a Form I-140 with the service center having jurisdiction over the intended place of employment along with documentation of successorship of interest and ability to pay. If the service center determines that the petitioner fails to qualify as a successor in interest, it will deny the I-140 petition." This does not look like a "cancellation" - rather a check. I am assuming that your new company does not have any problems with sponsoring you and that the job essentially remains the same.
Sandeep
Please check out http://uscis.gov/lpbin/lpext.dll/in...21/fr-15576?f=templates&fn=document-frame.htm in "II. Successorship in Interest "
"To establish successorship in interest, the new employer must submit a Form I-140 with the service center having jurisdiction over the intended place of employment along with documentation of successorship of interest and ability to pay. If the service center determines that the petitioner fails to qualify as a successor in interest, it will deny the I-140 petition." This does not look like a "cancellation" - rather a check. I am assuming that your new company does not have any problems with sponsoring you and that the job essentially remains the same.
Sandeep
Sandeep
Highly appreciate your response. Yes that is what it is . It is been sent back for Check / review.
But Now I do not want to pursue it since it may take years to get it resolved.
So I am trying to find out if I can apply for AOS thro 485 based on the 140 approved for CP
Highly appreciate your response. Yes that is what it is . It is been sent back for Check / review.
But Now I do not want to pursue it since it may take years to get it resolved.
So I am trying to find out if I can apply for AOS thro 485 based on the 140 approved for CP
Not very sure of that. The very fact that that it states that you "must submit a Form I-140 with the service center"..... implies that the previous I-140 has to be ratified or changed. In other words, I understand that the 140 has to be given again - though you might save some time under the Labour and preserve the important priority date which would come in handy during retrogression.gclaga said:Sandeep
Highly appreciate your response. Yes that is what it is . It is been sent back for Check / review.
But Now I do not want to pursue it since it may take years to get it resolved.
So I am trying to find out if I can apply for AOS thro 485 based on the 140 approved for CP